Strictly speaking, such behavior does not violate our laws, but violates the relevant provisions of our administrative regulations, the legal consequences of the behavior will be found once investigated, will face administrative penalties.
According to the "Chinese people's *** and the State Enterprise Legal Person Registration Regulations" Article 3 provides: "apply for registration of enterprise legal person, by the competent authority of enterprise legal person registration examination, approved registration, receive "enterprise legal person business license", obtain legal person qualification, and its legitimate rights and interests by the state law protection. Where the registration of an enterprise legal person is required by law, the enterprise legal person may not engage in business activities without the approval of the competent organ for the registration of enterprise legal persons for registration." Therefore, according to the regulations promulgated by the State Council, before engaging in business activities, an enterprise legal person shall first apply to the administrative department for industry and commerce for registration as an enterprise legal person in accordance with the law, for the approval of the name of the legal person and the business scope, and may engage in business activities within the scope of the registration of the business license after obtaining the business license of the enterprise legal person. Therefore, the name registered in the business license of enterprise legal person, that is, the administrative department for industry and commerce on behalf of the state to exercise the power of administrative management, licensing enterprises to use the identity of the external business and the main title, the identity and title will be accompanied by the establishment of the enterprise, the operation of the termination of the external activities and assume the rights and obligations of the code. Just as a person's name and the identity card information corresponding to that person's name will determine the identity and rights and obligations of the subject.
If the name is to be changed, an application should be filed with the Bureau of Industry and Commerce in accordance with the provisions of Article 17 of the "Regulations on the Administration of the Registration of Enterprise Legal Persons in the People's Republic of China", and the change of name can be carried out only after approval is obtained.
According to Article 10 of the Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons, "An enterprise legal person shall be allowed to use only one name. The name for which an enterprise legal person applies for registration shall be approved by the competent authority for registration, and it shall enjoy the exclusive right to use the name within the prescribed scope after approval for registration." Article 3 of the Provisions on the Administration of Enterprise Name Registration stipulates that "the name of an enterprise shall be approved by the competent authority for registration of the name of the enterprise when the enterprise applies for registration. An enterprise name may be used only after it has been approved for registration, and it shall enjoy the exclusive right to use it within the prescribed scope." Article 6 stipulates: "An enterprise shall be authorized to use only one name, which shall not be the same as or similar to the names of registered enterprises in the same industry within the jurisdiction of the competent registration authority." Therefore, it can be seen, the enterprise name once approved, will have the exclusive right at the same time also has the "sole use" obligation, that is, the enterprise legal person is only allowed to use an enterprise name for business, and can not use more than one name for business. Just like a natural person can have a lot of big names and small names, but engaged in external legal behavior, must sign the name of the ID card, in order to produce legal effect on it. The legislative intent is to maintain the identifiability of the economic subject, identity, lock the rights and obligations of the subject. Avoid confusion, to the subject of economic activity caused by misunderstanding and confusion, affecting the order of social and economic activities.
According to Article 26 of the "Provisions on the Administration of Enterprise Name Registration", the following acts in violation of these provisions shall be punished by the competent registration authority, distinguishing between the circumstances: (a) the use of unapproved enterprise name for registration to engage in production and business activities, shall be ordered to stop business activities, confiscate the illegal income or impose a fine of more than two thousand yuan, twenty thousand yuan or less, and if the circumstances are serious, it may be concurrently imposed. " Therefore, if the name of the business license of the enterprise legal person does not match the signboard of the store, it may be considered by the administrative organs to be the use of unapproved registration of the enterprise name of the external business activities, then once found to be investigated and dealt with, it may face administrative penalties of the industrial and commercial administrative organs.