Ministry of Commerce, Measures for the Administration of Record Filings in Connection with Commercial Franchising

商务部商业特许经营备案管理办法

June 02, 2007 | BY

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Specific materials and procedures for franchise record filing detailed.

Clp Reference: 5400/07.04.30 Promulgated: 2007-04-30 Effective: 2007-05-01

Promulgated: April 30 2007
Effective: May 1 2007

Main Contents: A franchisor is required to submit the following materials to the record filing authority:

(1) the basic particulars of its commercial franchise operations;

(2) details on the distribution of its franchisees' stores in China;

(3) the franchisor's market plan;

(4) a photocopy of its enterprise legal person business licence or a photocopy of another proof of its entity status;

(5) photocopies of the registration certificates for its trademark rights, patent rights and other business resources relating to its franchising activities;

(6) a document issued by the department in charge of commerce at the level of city (divided into districts) evidencing compliance with the second paragraph of Article 7 of the Regulations for the Administration of Commercial Franchising; if its directly operated stores are located outside China, the franchisor shall provide the proof of operation of the directly operated stores (with a Chinese translation) notarized by a local notary office and certified by the local Chinese embassy or consulate;

the foregoing provision shall not apply to franchisors that were engaging in franchise activities before May 1 2007, but such franchisors shall submit the first franchise contract that they executed with a franchisee in China;

(7) a sample franchise contract;

(8) the table of contents of the franchise operation handbook (which must indicate the number of pages of each chapter and the total number of pages of the handbook; if such handbook is provided on the franchise system intranet, the estimated number of pages if printed must be provided);

(9) for products and services that require approval before franchising thereof may be carried out as specified by state laws and regulations, the approval document from the relevant competent department; and

(10) a franchisor undertaking that is signed and stamped by the legal representative.

Related Legislation: Regulations for the Administration of Commercial Franchising, Feb 6 2007, CLP 2007 No.2 p.18

Full Analysis & Translation: See page 60

clp reference:5400/07.04.30(1)prc reference:商务部令 [2007] 第 15 号promulgated:2007-04-30effective:2007-05-01

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