Strictly speaking, this kind of behavior does not violate our laws, but it violates the relevant provisions of our administrative regulations. The legal consequence is that once this kind of behavior is discovered, it will be investigated.
According to Article 3 of the Regulations on the Administration of Enterprise Legal Person Registration in People's Republic of China (PRC): "An application for enterprise legal person registration shall be approved by the enterprise legal person registration authority, and the enterprise legal person business license and legal person qualification shall be obtained, and its legitimate rights and interests shall be protected by state laws. If it is necessary to register an enterprise as a legal person according to law, it shall not engage in business activities without the approval of the competent registration authority of an enterprise as a legal person. " Therefore, according to the laws and regulations promulgated by the State Council, an enterprise as a legal person should apply to the administrative department for industry and commerce for registration as an enterprise as a legal person before engaging in business activities, and then approve the name and business scope of the legal person. Only after obtaining the business license of an enterprise as a legal person can it engage in business activities within the scope of business license registration. Therefore, the name registered in the business license of an enterprise as a legal person is the identity and subject title used by the administrative department for industry and commerce to exercise administrative power on behalf of the state and permit enterprises to operate abroad. This identity and title will be accompanied by the establishment, operation and termination of the enterprise, which is the code of its external activities and rights and obligations. Just as a person's name and the corresponding ID information will determine the identity, rights and obligations of the subject.
If it is necessary to change its name, it shall apply to the Industrial and Commercial Bureau in accordance with Article 17 of the Regulations on the Administration of Registration of Enterprise Legal Persons in People's Republic of China (PRC), and the name can only be changed after approval.
According to Article 10 of the Regulations on the Administration of Registration of Enterprise Legal Persons in People's Republic of China (PRC): "An enterprise legal person is only allowed to use one name. The name of an enterprise legal person applying for registration shall be approved by the registration authority, and after approval and registration, it shall enjoy the exclusive right within the prescribed scope. " Article 3 of the Regulations on the Administration of Enterprise Name Registration stipulates that when an enterprise applies for registration, the enterprise name approved by the enterprise name registration authority shall prevail. The enterprise name can only be used after it has been approved and registered, and it enjoys the exclusive right within the prescribed scope. " Article 6 stipulates: "An enterprise is only allowed to use one name, and it shall not be the same as or similar to the registered enterprise in the same industry within the jurisdiction of the registration authority." Therefore, it can be seen that once the enterprise name is approved, it has the exclusive right and the obligation of "exclusive use", that is, the enterprise legal person is only allowed to use one enterprise name for business, but not multiple names. Just as a natural person can have many names and nicknames, when he engages in legal acts abroad, he must sign his name on his identity card in order to have legal effect on him. The purpose of this legislation is to maintain the identifiability and identity of economic subjects and lock in the subjects of rights and obligations. Avoid confusion, cause misunderstanding and confusion to the subjects of economic activities, and affect the order of social and economic activities.
According to Article 26 of the Regulations on the Administration of Enterprise Name Registration, the following acts in violation of these Regulations shall be punished by the registration authority according to the circumstances: (1) Those who engage in production and business activities by using an enterprise name that has not been approved and registered shall be ordered to stop their business activities, their illegal income shall be confiscated or they shall be fined between 2,000 yuan and 20,000 yuan, and if the circumstances are serious, they may be concurrently imposed. "Therefore, if the name of the business license of an enterprise as a legal person is inconsistent with the signboard of the store, it may be considered by the administrative organ to have used the enterprise name that has not been approved and registered for foreign business activities. Once it is found that it has been investigated, it may face administrative punishment from the administrative department for industry and commerce.