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Article 1. The present Measures are hereby formulated in accordance with the Regulation on Foundation Administration and the relevant laws and regulations for the purpose of regulating the administration on name of foundations and protecting the legal rights and interests of foundations. Article 2. The present Provisions shall be applicable to the foundations established in accordance with the Regulation on Foundation Administration. Article 3. The name of a foundation shall reflect the business scope of public welfare activities. The name of a foundation shall cover in turn the trade name, business scope of public welfare activities, and end with the word "foundation". The name of a public offering foundation may not use a trade name. Article 4. A national public offering foundation shall use words such as the "China (Zhongguo) ", "Chinese (Zhonghua)", "Country (Quanguo) " and "National (Guojia) ", and etc. A non-public offering foundation may not use the preceding words. A local public offering foundation and the non-public offering foundation registered in the department of civil affairs of the people's government of a province, autonomous region and municipality directly under the Central Government shall be preceded with the name of the administrative region at or above the county level where it is located. If it is preceded with the name of the administrative region below the provincial level, it may be preceded with the name of the province, autonomous region, and municipality directly under the Central Government where it is located at the same time. If it is preceded with the name of a district subject to a city, it shall also be preceded with the name of the city at the same time. Article 5. The trade name of a foundation shall consist of more than two words. A foundation shall not use surname, or the name of the administrative region at or above the county level as the trade name. Article 6. The trade name of a public offering foundation shall not use the name of a natural person, name or trade name of a legal person or any other organization. Article 7. The trade name of a non-public offering foundation may use the full name of a natural person, the name or trade name of a legal person or any other organization, but shall correspond with the following provisions: (1) Where it uses the full name of a natural person, the name or trade name of a legal person or any other organization, it shall be approved by the natural person, legal person or any other organization; (2) No one may use the full name of a natural person who was once sentenced to deprivation of political rights due to committing a crime; and (3) The name of the leaders of the Communist Party of China and the country or the revolutionaries of the older generation shall not be used in general. Article 8. Where a foundation uses the full name of a deceased celebrity as the trade name, the celebrity shall be the worthy who has made great contributions in the relevant public welfare fields and has enjoyed high reputation both internationally and nationally. Article 9. A foundation shall use the Chinese characters meeting the national standards in its name. Where a foundation is registered at the department of civil affairs of the people's government of autonomous regions, the commonly-used nationality characters of the autonomous region of its own nationality may be used in its name at the same time. Where there is necessity to have the name of a foundation translated into any foreign language, it shall be translated and used in accordance with the principles of word translation, and may not be subject to the approval of the registration administration organ. Article 10. The following contents and words may not be included in the name of a foundation: (1) Those that will do harm to the state interests or public interests; (2) Those that are likely to result in cheating or the misunderstanding of general public; (3) Those that are superstitious; (4) The name of any foreign country or district or international organization; (5) The name of other foundations; (6) Foreign letters, Chinese phonetic symbols or numbers; and (7) Those prohibited by other laws and administrative regulations. Article 11. No foundation may use the following names: (1) The name of a foundation whose registration has been revoked by the registration administration organ for less than three years from the date of revocation of the registration; (2) The name of a foundation whose registration has been cancelled for less than three years from the date of cancellation of the registration; or (3) The former name of a foundation that has been altered for less than one year from the date of making alteration registration. Article 12. The registration administration organ may correct the unsuited name of any foundation. Article 13. Where two or more applicants apply for the same foundation name to the same registration administration organ, the administrative organ shall check and ratify it in light of the principle of priority in application. Article 14. The name of the branch or representative office of a foundation shall be preceded with the name of the foundation it is subordinated to. Article 15. The name of any representative office of an overseas foundation shall consist of "name of the foundation", "name of the location" and "representative office (or office or liaison office)" in turn. The "name of the location" shall refer to the name of the administrative region at or above the county where the representative office of an overseas foundation is located. In case the original registration place (country or district) of an overseas foundation is not indicated in its name, the name of its representative office shall be preceded with the name of the original registration place (country or district). Article 16. The present Provisions shall come into force as of June 7, 2004. |
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