New company name approval
The procedure for approving the names of commercial and non-commercial organizations, as well as the requirements for the names of these organizations, have the established procedure and are regulated by the following regulatory legal acts:
Decree of the Council of Ministers of the Republic of Belarus dated February 5, 2009 No. 154 “On approval of the Regulation on the approval of the names of commercial and non-commercial organizations”;
Decree of the Ministry of Justice of the Republic of Belarus dated March 5, 2009 No. 20 “On approval of the names of legal entities”.
Where to apply
The approval of the names of commercial and non-commercial organizations is carried out in the respective registration bodies – the main departments of justice of the Minsk City Executive Committee, Brest, Vitebsk, Gomel, Grodno, Minsk, Mogilev regional executive committees.
Who can apply
The following persons may apply to the registering bodies for approval of the names of legal entities:
in relation to legal entities created by the property owner (founder, participant) – an individual – an individual or his representative acting on the basis of a power of attorney;
in respect of legal entities created by the founder – legal entity – the head of this legal entity (another person authorized to act on behalf of the organization in accordance with the constituent document) or the representative of the founder acting on the basis of a power of attorney;
in relation to existing legal entities – the head of this legal entity (another person authorized to act on behalf of the organization in accordance with the constituent document) or his representative acting on the basis of a power of attorney
Name Requirements
However, before applying to the registration authority, you must make sure that the name of the organization being created meets the following requirements:
the name is not registered (not reserved) in the database of the Unified State Register of Legal Entities and Individual Entrepreneurs (hereinafter – the USR). To do this, you can use the search form directly on the USR website;
the full name of the unitary enterprise must indicate: the legal form of ownership, the form of ownership (when the enterprise was created by an individual), the special name (the part of the name that identifies the legal entity that is enclosed in quotation marks), the nature of the enterprise’s activity;
3. The name of the legal entity does not contradict the legislation of the Republic of Belarus, in particular, the requirements for the use of names established by the Ministry of Justice. For example, the following are not allowed:
the use in the name of pseudonyms of famous persons, abbreviations that coincide with generally recognized;
the name of the legal entity, the use of which is contrary to the public interest and other interests protected by law, the principles of humanity and morality;
name consisting of one digital designation or less than three characters (digital designations and (or) letters);
official names of states, including the former (both full and abbreviated), with the exception of cases of coordination of names of legal entities created by decision of state bodies and organizations or subordinate to them;
the name of the type of legal entity that does not correspond to its legal form.
If these requirements are not met, then approval will be refused. Also, a refusal should be expected if the documents necessary for approval of the name are not submitted or the application is drawn up in violation of the requirements of the law.
Ways of handling
Once you have decided on the name of the organization being created, you can contact the registration authorities in one of the following ways.
Personal appeal to the registration authority.
An application with the necessary documents is submitted by personal appeal to the registration authority with the presentation of a document proving his identity. A certificate of approval (denial of approval) of the name will be issued in the presence of the applicant on the day of the request.
Send a package of documents by mail (on paper).
In this option, the completed application with all necessary documents is sent by mail (on paper) to the registration authority. A statement of approval (denial of approval) of the name is sent to the applicant by mail within two business days from the date of receipt of the application.
Using the web portal.
It implies the submission of documents by the applicant in electronic form. The application is filled out and sent to the registration authority using the web portal, with the attachment of the necessary documents. A certificate of approval (denial of approval) of the name will be sent to the email address indicated by the applicant no later than the next business day from the date the application was sent.
The applicant can choose any convenient method. If necessary, additionally submitted:
– permission to use the surname, pseudonyms of famous persons or the use of names in cases established by law;
– a copy of a document confirming in the established manner the powers of the applicant, in the case of the submission of documents by representatives of a legal or natural person.
Controversial issues arising during the coordination of the name of a legal entity are resolved by the Ministry of Justice of the Republic of Belarus in the event of a registration authority refusing to coordinate the name of the organization.
Validity of the certificate of approval of the name – 1 month from the date of approval of the name.
