What is the procedure for registering a name of a legal entity?

What is the procedure for registering a name of a legal entity?

According to Public Services Agencyuntil the state registration of the legal person, the state registration body shall check its name for availability, distinctiveness and linguistic correctness at the request of the applicant.

The application template is available on the website of the state registration body https://www.asp.gov.md/sites/default/files/servicii/e-servicii/formulare-tip/2/inregistrarea-de-stat/28 Cerere de verificare si rezervare a denumirii persoanei juridice.pdf. 2-3 different names can be entered in the application in order of preference. The certificate of name verification and reservation will be issued for one name, the first one in the application, which will be verified and accepted against the State Register of Law Units. If all the names proposed by the applicant repeat the acronym from the name of a legal entity already reserved or registered in the State Register, the Refusal on Name Approval and Reservation will be issued. If more than one person has applied for registration of names that coincide or are similar, the applicant who submitted the application first shall have the right of registration.

It should be noted that the name of the legal entity may, upon request, be reserved by the state registration body for a period of up to 6 months. The request for verification and reservation of the name: either be submitted to the state registration body in the form of electronic documents signed with a qualified advanced electronic signature issued in accordance with the Law No 91/2014 on electronic signature and electronic document and its subsequent normative acts at the following e-mail address mailto:inregistrare.ud@asp.gov.md; or it is submitted at the relevant counter - in the ASP Multipurpose Centres on paper. Certificate on the verification and reservation of the name or Refusal on the approval and reservation of the name (as the case) is issued in the form indicated by the applicant, either electronically or on paper and collected from the Multipurpose Centre.

The legal entity conducts business under its own name, which is registered with the state registration body.

The legal entity has the exclusive right to the registered name and is obliged to use the name only in the formula that is registered in the State Register.

The name of the legal entity includes, in the state language, the form of legal organisation. Words from other languages may be used in the name, which are transcribed in Latin characters and, as a rule, written in quotation marks.

Any new designations shall be distinguished from existing designations in such a way as to make an obvious and clear distinction between them without detailed examination. If a new name is similar to one already registered or reserved, a statement shall be added to distinguish it clearly from the others.

It is prohibited to register a name which:

  1. coincides or, as determined by the state registration authority, resembles the name of another legal entity already registered;
  2. coincides with a trademark registered in the Republic of Moldova or with a well-known foreign trademark;
  3. contains the name of a well-known natural person or other proper names which do not coincide with the names of the participants in the formation of the legal person, unless there is the written consent of that person or, where applicable, his heirs;
  4. contains the official or historic name of the administrative-territorial unit, unless the local council of the administrative-territorial unit concerned has decided on its use;
  5. contains the name of central or local government authorities or indicates, directly or indirectly, that the legal person belongs to those authorities;
  6. contravenes moral norms.

The registration of a name of a legal entity containing the official or historical name of the State or abbreviations or derivatives of the official or historical name of the State shall be permitted if the applicant for registration holds the appropriate permission, which shall be granted and withdrawn in the manner and under the conditions established by the Government.

The name of the legal person deleted from the State Register may be registered, under the law, for another legal person after the expiry of 2 years from the deletion.