franchise, franchise (chain) is probably the most popular of today's business world the words of. Conduct franchise business companies across all sectors in every corner. Franchising is the franchisor and by many a contractual relationship between the. According to contract, promised by the franchisor to provide a unique business management concession, and give staff training, organizational structure, management, commodity procurement, and other aspects of the guidance and assistance by many people to pay the appropriate license fee. Franchising is a popular talk Franchisor business development,[url=http://www.ireland-ugg.com/]UGG Boots[/url], sales of goods and services of a business model.
Baike card Article in the PRC engaged in commercial franchising activities shall comply with the regulations. Article 3 The term business franchise (hereinafter referred to as franchise), is owned registered trademark, enterprise mark, patent, proprietary technology and other business resources of the enterprise (hereinafter referred to as the franchisor) to contract in the form of its own business resources of other operators (hereinafter referred to as the franchisee) to use the franchisee in accordance with the contract under a unified business model for doing business, to pay franchise fees franchise business activities. Other than business units and individuals shall not be licensed to engage in franchising activities. Article in franchising activities, shall be followed, fairness, good faith principle. Commerce department under the State Council in accordance with the regulations, is responsible for the nationwide franchising activities, supervision and management. Provinces, autonomous regions, municipalities and commercial departments of the municipal people's government set up area commerce department in accordance with the Regulations, is responsible for the administrative area of franchising activities, supervision and management. Article 6 Any entity or individual in violation of the provisions of the regulation, the right to report to the commerce department. Commerce department shall, after timely receipt of the report deal with. Chapter VII of the franchise franchising activities engaged in franchising activities shall have a mature business model, and the franchisee has to continuously provide business guidance, technical support and business training and other services. Franchisor engaged in franchising activities shall own at least two outlets, and business for more than 1 year. Article 8 A franchiser shall, for the first time the franchise contract within 15 days, in accordance with the provisions of this Ordinance to the commercial administrative department. In the provinces, autonomous regions and municipalities engaged in franchising activities within the scope of, it should be to the local provinces, autonomous regions and municipalities competent commercial departments for the record; provinces, autonomous regions and municipalities engaged in franchising activities, the range shall be filed with the State Council department in charge of the record business. Concession to the commercial administrative departments for the record,[url=http://www.ireland-ugg.com/]UGG Boots[/url], shall submit the following documents and materials: (a) copy of business license or business registration (registration) certificate; (b) sample franchise contract; (c) franchise operations manuals; (four ) market plan; (e) that compliance with the provisions of Article VII of this Ordinance, a written commitment and related documents; (f) of the State Council department in charge of the other business documents and information. Franchise products or services, which shall be approved, the franchiser shall also submit the approval documents. Article IX shall receive a business license department of compliance submitted by the provisions of Article VIII of this Ordinance, the documents and materials to be filed within 10 days and notify the franchisor. Documents submitted by the franchisor, the data are incomplete, the commerce department may require submission of documents within seven days to add the data. Article commerce department shall be filed in the government list of license published on the website, and timely updates. Article 11 When franchising activities, the franchiser and the franchisee shall enter into a written franchise contract. A franchise contract shall include the following main elements: (a) the franchisor, the franchisee's basic situation; (b) the contents of the franchise, period; (c) the type of franchise fees, amount and payment methods; (d) management guidance, technical support, business training and other services to the specific content and delivery; (e) product or service quality standards and assurance measures; (VI) product or service promotion and advertising; (7) in the franchise consumer protection and compensation liabilities; (8) changes in the franchise contract, dissolution and termination; (i) breach of contract; (10) dispute resolution methods; (k) the franchisor and the franchisee agreement other matters. Article XII of the franchisor and the franchisee shall in the franchise contract that the franchisee after the franchise contract within a certain period, can unilaterally cancel the contract. Article XIII of the franchise contract of concession period shall be not less than 3 years. However, unless the consent of the franchisee. Franchisor and the franchisee renew the franchise contract, the preceding paragraph shall not apply. Article XIV franchisor shall provide to the franchisee in franchise operations manual, and in accordance with the agreed contents and methods for the franchisee continues to provide operational guidance, technical support, business training and other services. Article XV franchise's product or service quality, the standard shall comply with laws, administrative regulations and relevant state requirements. Article XVI franchisor requires a franchisee before the franchise contract to pay, shall be in writing to the franchisee stating that the refund of part of the costs and conditions of use, manner. Article XVII franchisor to the franchisee receive the promotion, publicity expenses, shall be in accordance with the contract purposes. Promote the use of promotional costs shall promptly disclose to the franchisee. Chartered in promotion, publicity activities, without fraud, misleading conduct, the publication of advertisements shall not contain promotional franchise franchisee in the proceeds of the content. Article 18 without the consent of franchise, the franchisee may not transfer to another franchise. Franchisee shall not disclose to others or allow others to use the franchisor's trade secrets. Article 19 The license shall be in the first quarter of each year the previous year franchise contract case to the commerce department reported. Chapter III Information Disclosure Article 20 A franchiser shall, in accordance with the provisions of the State Council department in charge of commerce, establish and implement a comprehensive information disclosure system. Twenty-one franchisor shall enter into the franchise at least 30 days before the date of the contract, in writing to the franchisee to provide the information required under Article 22 and provide the franchise contract text. Article 22 of the franchisor to the franchisee shall provide the following information: (a) The licensee's name, domicile, legal representative, registered capital, business scope, and engaged in franchising activities,[url=http://www.ireland-ugg.com/]UGG Boots[/url], the basic situation; (b) the franchisor's registered trademark, enterprise mark, patent, proprietary technology and business model of the basic situation; (c) the type of franchise fees, amount and payment method (including whether to accept the return of deposits and deposit conditions and return method); (d) to franchisee to provide products, services, prices and conditions of equipment; (e) the franchisee continues to provide business guidance, technical support, business training and other services specific content, delivery and implementation plans; (f) the franchisee business activities of guidance and supervision of specific measures; (7) franchise network investment budget; (8) existing in China the number of franchisees, geographical distribution and business evaluation; (IX) by the last 2 years accounting firm audited summary financial report and audit report summary; (10) the last five years with the franchise-related litigation and arbitration; (k) whether the franchisor and its legal representative of a major illegal business records; (10 b) the competent commercial department under the State Council, and other information. Article 23 of the franchisor to the franchisee the information provided should be true, accurate, complete, not to conceal information or provide false information. Franchisor to the franchisee a significant change in the information provided, it shall promptly notify the franchisee. Franchisor conceals relevant information or providing false information,[url=http://www.ireland-ugg.com/]UGG Boots[/url], the franchisee may rescind the franchise contract. Chapter IV Legal Liabilities Article 24 of this Ordinance, the franchisee does not have the second paragraph of Article VII of the conditions laid down in the franchise activities, the commercial administrative department shall order correction, confiscate the illegal income 100,000 yuan to 500,000 yuan fine, and announce it. Business units and individuals other than as a franchisor engaged in franchising activities, the commercial administrative department shall order to stop illegal activities, confiscate the illegal income, impose $ 100,000 $ 500,000 fine. Article 25 who is not licensed in accordance with the provisions of Article 8 of this Regulation to the competent commercial departments for the record, the commercial administrative department shall order the record, at 1 million to 5 million fine; late is still the record, at 50,000 more than 10 million yuan fine, and announce it. Article 26 license in violation of the Article 16, Article 19, the commercial administrative department shall order correction, can be fined 10,000 yuan; the circumstances are serious, at 1 million to 5 million fine , and announce it. Article 27 license in violation of the provisions of Article 17 second paragraph by industrial and commercial administrative department shall order rectification and 30,000 yuan to 100,000 yuan shall be imposed; the circumstances are serious, more than 10 million 300 thousand yuan fine, and make an announcement; constitutes a crime, be held criminally responsible. Franchisor to implement the use of advertising deceptive, misleading conduct, in accordance with the Advertising Law shall be punished. Article 28 license in violation of the provisions of Article 21, Article 23 provides that the franchisee to the commerce department reported and verified, and the commercial administrative department shall order rectification of 1 million to 5 million or less fine; the circumstances are serious, 50,000 yuan to 100,000 yuan shall be imposed, and announce it. Article 29 in order to cheat other people's property franchise name, constitutes a crime shall be investigated for criminal responsibility; not constitute a crime, the public security organs in accordance with Undertaken in the name of franchising, pyramid schemes, in accordance with Article 30 The competent commercial departments abuse their powers, neglect their duties, such person commits a crime shall be investigated for criminal responsibility; not constitute a crime, shall be punished. Chapter V Supplementary Provisions Article 31 involved in franchising activities trademark licensing, patent licensing, in accordance with the relevant trademark, patent laws, administrative rules and regulations apply. Article 32 in the associations under the guidance of the State Council department in charge of commerce, in accordance with the provisions of this Ordinance, regulate the development of franchising activities, strengthen self-discipline, as franchising activities provided by the parties related services. Article 33 of the Ordinance has been engaged in the franchise before the implementation of the activities of licensees, shall the effective date of this Ordinance within one year, in accordance with the provisions of this Ordinance to the commercial administrative departments for the record; fails to do so for the record, in accordance with the provisions of Article five shall be punished. The concessionaire under the preceding paragraph were not applicable to the provisions of second paragraph of Article 7 of these Regulations. Article 34 of the Ordinance Since May 1, 2007 shall come into force. Note concession contract to provide the services and costs 1. Concession contract should be set out in detail the project to provide services 2. Whether the hidden unforeseen costs? Contract period 1. Clear whether the length of the period? 2. Whether the lease term with? Continuation of a contract. Can renew after the expiration? 2. Has an unconditional contract? If so, the conditions are? Are detailed next column? Franchise fee, royalties and other payments 1. Franchise fee in the end which projects included? 2. It includes the opening of the stock or when new goods? 3. How much money can be self-starting business? 4. Are subject to periodic royalties? How to calculate? How to pay? 5. Whether the franchisor provide accounting, tax and other services? If so, whether to pay an extra fee? 6. Whether to join cooperative advertising program? How to calculate the cost-sharing? What products or licensed to provide promotional services? Protection district 1. Whether to grant an exclusive contract area? 2. Exclusive area, or whether the turnover of some objective standard that is a termination? Purchasing office equipment 1. Are all office equipment must be purchased from the concessionaire? The price and conditions reasonable? 2. Whether licensed to provide loans? Select a location 1. Whether to help select a site license? 2. Who is the choice of location for a final decision? 3. Renovated to provide a blueprint for whether the franchise? 4. Are there regular re-decoration and refurbishment requirements? 5. Such as to apply to change the building use license, who is responsible for the application and pay period costs? 6. Lease terms and conditions? Education and training 1. Franchisors require franchisees to participate in training courses? 2. Whether to continue to educate and assist? 3. Whether continuing to provide franchisees with the training staff? 4. Do you want to pay to use? Cost? Financial assistance 1. Whether licensed to provide financial assistance or help find a loan? 2. If the provision of financial assistance or loans, the conditions are reasonable? 3. Whether the license suspended payment of benefits to provide? 4. Whether the mortgage? Purchasing an object to 1. Whether the contract can only licensed to franchisees required to buy goods? Or only to licensed manufacturers who purchase specified? 2. If so, its price and conditions reasonable? Limit the scope of business and sale of goods 1. Whether the contract for the purchase of restricted items to sell items? 2. Restrictions reasonable? Other items to be sold as there were no license applications for the consent of the steps and procedures? Non-compete 1. Whether the contract limit to join in after the expiry or transfer shall not engage in the same type of commercial activity? 2. If so, its duration and the area is reasonable? Accounting requirements of a job. Whether the license to provide bookkeeping and accounting services? 2. If so, whether the additional cost? The fees are reasonable? Customer restrictions 1. Customers have unlimited objects? 2. If sold beyond the authorized area, the availability of penalty clauses? Marketing and promotion plans with 1. Advertising is regional or national? The payment method? 2. Such as regional marketing is to join in self-care, whether licensed to assist in planning for the past experience with the service? 3. Whether the franchisor provide various promotional marketing materials, displaying posters and propaganda materials, etc.? Without additional charge? 4. Franchisees are free to promote regional planning? How to obtain a license for those who agree? Default clause 1. What kind of condition as breach of contract? 2. Whether the breach of contract to join the project beyond the control of those capabilities? 3. The standard setting projects and verify whether it is reasonable? Notification provisions 1. If the breach of contract, whether the obligation to license franchisees extension in writing and correct? 2. The period for how long? Enough? Consequences of a breach of contract. Breach of contract, the franchisor, in what manner the light? 2. Whether the license can cancel the franchise contract? 3. Whether the liquidated damages clause? The amount may be? Termination of treatment 1. Franchisor's franchisees are obliged to purchase furniture and fixtures, store leases and assets? 2. How to deal with cost attribution? 3. During treatment the number? Enough? Franchisees the right to transfer 1. Whether franchisees stores sold assets in the contract? 2. Whether franchisees can be sold at the same time transfer the contract to join? Or license and bearing the buyer is obliged to sign a new contract? 3. Franchisor has the right to approve or reject resale, of their rights is reasonable? 4. Can the lease transfer? 5. Franchisor has the right qualifications approved by order of the buyer? How to identify their qualifications? 6. Shall be paid to the franchisee is part of the transfer fee? Franchisor's right of first refusal 1. Whether the contract expressly licensed under what circumstances may take up? 2. Who assess their acquisition price? Goodwill and net worth are taken into account? 3. When franchisees attract buyers who have an obligation to first attract buyers franchise? Franchisees illness or death 1. Whether the contract directly from the heir to undertake? 2. Whether the contract by the administrator to undertake? 3. Contractors, such as long-term disability, it must be transferred? Promote cutting action for 1. Whether the headquarters of all disputes to resolve disputes and promote the CD? 2. Action to promote the CD is more than save time and money? Litigation jurisdiction 1. Licensed to specify whether its jurisdiction of litigation headquarters? 2. Whether to consider the location of the stores to franchisees more favorable? Join the request of a business in person. Whether the contract requires franchisees operate daily in person? 2. Whether the contract prohibits franchisees to maintain other professions? Open Category: chain, joined the shop, joined the business, I joined the law to improve the
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feature selection principle to join the project visit trademarks trap Regulations Chapter I Chapter II Chapter III franchising legal responsibility information disclosure Chapter IV Chapter V Supplementary Notes franchisors contract and the cost of services provided by the contract during the contract renewal franchise fee, royalties and other payments district purchasing office equipment selection of sites to protect education and training to help purchase the object of financial constraints limit the scope of business and sale of goods accounting practices require customers to non-compete restrictions Advertising marketing plan with the default provisions of the consequences of breach of contract notification provisions dealing with termination of franchisees the right to license the transfer of right of first refusal to join those who become ill or die cut to promote action litigation jurisdiction requires franchisees to personally join the features of a business. There is a franchise owner, is the franchising of the chief. 2. Chief has a concession, the concession can be products, services, business technology, trade names, logos, and other business interests can bring a special strength. 3. Chief and the franchisees to contract as the main connecting link. 4. Ownership of their franchisees shop, shop shop owner operators. 5. Chief of the headquarters of the right to operate, franchisees must complete a series of provisions in accordance with operational headquarters chief, he did not self-management. 6. Headquarters duty to teach franchisees to complete career information, knowledge, technology, a set of operating system, and to grant franchises to use its name, trade names, trademarks, service marks and other certain areas of the monopoly right to use, and the contract period, and continuously for operational guidance. 7. Franchisees paid to the chief delivered a certain fee, usually including one-time initial fee, commission and other sales or gross profit. 8. Chief is a vertical relationship, the join between the non-horizontal relationships. Selection principle one must choose itself has considerable experience in the chain system, including the length of operating time and the amount of number of stores; If it is set up not long, a small number of stores and brands, because of their experience of the chain are not sufficient, franchisees hastily added, high-risk nature. Second, the technical difficulty is not too high. General franchisees usually are all amateurs, so the more technical lower for joining the industry (such as Chain Store), technical difficulty, if higher, the longer apprenticeship; often highly technical industries, such as hair, glasses, etc., is more suitable not fit within the business to join. Third, the choice should be noted that the industry trends, research is intended to grow in a stable or a serious decline? In particular, some industries are epidemic, just join in when the booming, not long after the last boom, the business has plummeted. Fourth,[url=http://www.ireland-ugg.com/]UGG Boots[/url], must consider the personal interest, as each industry Jieyou different industry characteristics, choose the best franchisees and their like-minded industry to join, do not just blindly basis, but ignore the personal interest. Five, must consider the headquarters in the same industry competitiveness, which relates to headquarters during the support provided to franchisees how many? Because the competition between the industry will inevitably involve the merits of the brand, stronger brand competitiveness, natural, relatively smaller brands a competitive nature is weak. Sixth, inquire about the franchise has been established, if it is to join a brand sound system, you should be happy all the stores addresses, phone told franchisees, franchisees can be first to find out those who have information about the shop, and this way the information obtained is often the most real, franchisees can learn from them the next general operating conditions. In addition to these six, the course itself, franchisees etc are joining human and financial factors to consider when necessary. Study only from the investment of the project size, number of stores is difficult to judge how much the surface of a join project. In fact, entrepreneurs or should profit from the project model and franchise system to examine these two aspects. First, the intention of joining the project, the best first secret visit some. To the project's franchise to the consumer, customer and store owner or clerk as chat, and to estimate the daily turnover, analysis of customers, consumption time, and so on; study for some time, to see whether the results of inspection and franchisors Introduction the contents of the line, to judge each other's honesty. Do not co-chief is not honest. And if the project did not yet opened stores, or not to first store a year, you do not ignore it. Finally, to understand clearly the franchise system to join the project's degree of perfection. As chief of the inspection franchise business model and operational level of understanding, to see if he has a set of words has become a franchise management and operational manuals and franchise operations manuals; to see whether he is in the franchisee selection, shop franchise selection cautious approach in holding accountable; to see whether he follow-up attention to the interests and franchise management. This study the best way is to attend the training held in chief, and then prepare a large number of questions to A trademark is to distinguish between traps to advertise the company is not a liar, the easiest way is to see if he has his own trademark! Please note that not being a trademark application, but have been If a join without their trademark brand, then what guarantee his rights and interests of your agency? Exclusive rights to talk about? Simply put, even if this is not a liar joined the company, but if you do fire up the brand, you have a competitor like you also copy the store, brand, and with lower prices, or other severe forms of competition and your competition, how can you do? You have no way. He could easily let this so-called collapse of the brand without paying the slightest liability. Only a registered trademark was protected by law. Please do not mark as a trade mark applications received notice of the certification application is successful, it is completely different. The former Trade and Industry Bureau to inform you of the trademark registration application has been received, which is that he actually owns the trademark. Swindlers often use Shang Dangzhe joining knowledge and understanding of trademark, trademark application processing to take notice lie. With the circle R, is the Circle in the R register is registered at the beginning of the English alphabet. Registered trademark has the exclusive, exclusive, unique characteristics, is the registered trademark owner of the exclusive, protected by law, any business or individual without the permission of a registered trademark of ownership or authorization, are not their own use, or they will assume responsibility for infringement . In China, the trade mark on the TM also has its special meaning, in fact, not for the trademark symbol TM protective effects, with different R, TM is the trademark that has made application to the State Trademark Office, and the State Trademark Office has issued the TM is a trademark symbol with meaning, that is marked TM, text, graphics or symbols is a trademark, but not necessarily registered (unregistered protected by law). TM is the English abbreviation for trademark. TM is a trademark registered with the audit period in the use of the copyright symbol, and R is the ring after the period in review and approval before it can use the copyright symbol. Regulations of the PRC State Council Order No. 485 Premier Wen Jiabao ○ ○ 七年 二月 六日 Administration of Commercial Franchise Regulations Chapter I General Provisions Article 1 regulate commercial franchising activities to promote business franchise healthy and orderly development, safeguarding market order, the enactment of this Ordinance. Administration of Commercial Franchise Regulations Related articles：
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