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Commercial Franchise Enterprise Filing

Commercial franchising (hereinafter referred to as franchising) refers to an enterprise (hereinafter referred to as the “franchise”) that owns business resources such as registered trademarks, corporate logos, patents, know-how, etc. franchisor), license the operating resources owned by it to other operators (hereinafter referred to as franchisees) in the form of contracts, the franchisee conducts operations under a unified business model in accordance with the contract, and pays franchise fees to the franchisor. business activities.

Units and individuals other than the general enterprise shall not engage in franchising activities as franchisors.

Legal basis for filing a business franchise

"Record of Commercial Franchise Enterprises" (Order No. 25, 2004 of the Ministry of Commerce)

Regulations on the Administration of Commercial Franchising (Order No. 485 of the State Council)

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What are the consequences of doing business without a commercial franchise record

If the franchisor does not meet the application conditions and engages in franchising activities, the competent commercial department shall order it to make corrections, confiscate the illegal gains, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan fines and notices. If other units and individuals other than enterprises engage in franchising activities as franchisors, the competent commerce department shall order them to stop their illegal business activities, confiscate their illegal gains, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan.

If the franchisor fails to file with the competent commerce department in accordance with the regulations, the competent commerce department shall order it to file within a time limit and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan; If the filing is still not filed within the time limit, a fine of not less than 50,000 yuan but not more than 100,000 yuan will be imposed, and an announcement will be made.

Conditions for filing application for commercial franchise business

(1) Enterprises with registered trademarks, corporate logos, patents, know-how and other operating resources;
(2) To engage in franchising activities, it shall have a mature business model and have the ability to continuously provide the franchisee with services such as business guidance, technical support and business training.
(3) To engage in franchising activities, it shall have at least 2 directly-operated stores and have operated for more than one year.

Consultation

Materials to be prepared for the filing of commercial franchise business

I. The franchisor shall submit the following documents and materials to the competent commercial department for recordation:
(1) A copy of the business license or a copy of the enterprise registration (registration) certificate;
(2) Sample franchise contract;
(3) Franchise Operation Manual;
(4) Marketing plan;
(5) Show that it complies with Article 7 of the "Regulations on the Administration of Commercial Franchise Operations" (Article 7 A franchisor shall have a mature business model when engaging in franchising activities, and have the ability to continuously provide business guidance and technical support for the franchisee. and business training and other services.) written commitment and related supporting materials;
(6) Other documents and materials as prescribed by the competent commerce department of the State Council.
If the franchised products or services must be approved in accordance with the law, the franchisor shall also submit relevant approval documents.

Consultation

“Business Franchise Filing Service Process”

Consulting business intentions(determine the type of business you handle)

Business cooperation negotiation(customized solutions for you)

Basic Material Preparation(Assist you in preparing the required hard materials)

Submit for review(We'll do the rest)

Confirm Announcement