The right ways to give the name to the company

In accordance with the Civil Code of the Russian Federation, there are several restrains for the official names of legal entities. Thus, the name of the legal entity must not coincide with the full or abbreviated name of the State government bodies, or include the word Russia and its derivatives.

The choice of the name of the organization is restricted not only by the imagination of its founders, but also by the laws of the Russian Federation. All the restrains that the company’s name must correspond are clearly spelled out in the Civil Code. In such a way the name of the legal entity may not include:

• full or abbreviated official names of the Russian Federation and foreign countries, as well as derivatives of such names;
• full or abbreviated official names of the federal agencies, state government bodies of the territorial entities of the RF and agencies of local self-government;
• full or abbreviated names of international and intergovernmental organizations;
• full or abbreviated names of public associations; designations detrimental to the public interest, as well as the principles of humanity and morality;

However, the inclusion of the words ‘Russian Federation’, ‘Russia’ and its derivatives is possible in agreeing on the Ministry of Justice of the Russian Federation. In order to do this, you must present documents acknowledging that the organization is the major taxpayer or has its branches in more than half of territorial entities of the RF. Market leaders and companies with the state participation more than 25% in the full ownership also conform to requirements of the Ministry of Justice.

In accordance with the present of the Federal Tax Service of the Russian Federation dated 20.09.13 №CA 4-7/16976 the registering authority may not refuse to register the new company, if its name coincides with the name of the already existing company. In other words, the new organization may take a name OOO "Samsung". Technically, the Civil Code disallows to use the corporate name of another organization, but according to the article 1474 of the Civil Code, only the owner has the right to demand its change. You should seize the court to do this procedure. So, it is possible to forbid the use of a similar name written in lowercase letters instead of capitalized ones or similar names, but with the other form of ownership.

These issues are controlled by the applicants themselves, as the registration authorities do not check the coincidences of corporate names. Generally, no one pays attention to the same names of the companies. However, it may happen that the name of another company has been patented. As a result, it is necessary not only to change the name of the enterprise, but also to right to the possessor the inflicted damages.

To avoid the conflicts, the uniqueness of the name has to be checked before the registration. The information system Globas-i can help you with that. The daily updated system contains information about 8.7 million companies of Russia and its financial history for the last 20 years.