Chain chains include the following three forms:
(1) Voluntary chain stores. The stores of the chain store are all independent legal persons, and their respective asset ownership relationships remain unchanged. They are operated jointly under the guidance of the headquarters;
(2) Direct-operated chain stores. The stores of chain stores are wholly owned or controlled by the headquarters, and are operated uniformly under the direct leadership of the headquarters;
(3) Franchise chain (or franchise chain). The stores of the chain store sign a contract with the headquarters and obtain the franchise rights to use the headquarters' trademarks, trade names, business technologies, and sell products developed by the headquarters. The management rights are concentrated in the headquarters.
The International Franchise Association (IFA) believes that franchising is an ongoing contractual relationship between the chain company and the franchise store. According to the contract, the head office must provide a unique business privilege, plus assistance in personnel training, organizational structure, business management, and product supply and marketing; and the franchise stores must also pay corresponding compensation. "The United States is the founding country of chain franchises and the kingdom of chain franchises. In the United States, chain franchises are divided into two categories: 1. Category is "Trademark Commodity Franchise", referred to as PT (Product. And Tuadename Franchising) type chain; 2. The category is "Business Format Franchising", referred to as BF (Business Format Franchising) chain, which is what we usually call franchising or franchising.
PT type chain is a traditional one. In the chain franchise form, the relationship between the franchise store and the franchise company is like a dealer or agent. The head office supplies goods and trademark usage rights to the franchise stores, and the franchise stores use the trademarks provided by the head office to specialize in selling these goods. Typical business types of chain franchises include car dealerships, gas stations, and beverage sales.
The BF chain, or franchise, is a more advanced type developed after the first type. According to the rules of this type of chain franchise, the franchise store purchases not only the right to sell goods, but the right to operate the entire model. In other words, the franchise store not only sells the products provided or specified by the parent company. and services, and also has the right to use the store logo, store name and complete set of business technologies provided by the parent company. Of course, the rules also require that franchise stores must comply with all aspects of the parent company's management regulations. At the same time, the parent company must provide franchise stores with time and information before opening the store. This type of necessary support is widely used in the retail industry, fast food industry and service industry.
If you want to set up a limited liability company, shareholders must follow the "Company Law". The number of persons must be more than two and less than 50, and their registered capital shall not be less than the following minimum limits: 500,000 yuan for companies mainly engaged in production and operation or commodity wholesale; 300,000 yuan for companies mainly engaged in commercial retail; technology development, 100,000 yuan for consulting and service companies. Shareholders can make capital contributions in currency, or in kind, industrial property rights, non-patented technology, or land use rights. The valuation must be carried out and the property must be verified, and no overestimation or underestimation is allowed.
The limited liability company itself shall be liable for the company's debts with its assets, and the shareholders of the company shall be liable to the company to the extent of their capital contribution. There are risks. If possible, it is recommended that you adopt the form of a limited liability company according to the "Company Law"
If you want to set up a partnership, you must have more than two partners according to the "Partnership Law". There are no minimum requirements for the registered capital of a partnership and there is no requirement for mandatory capital verification by a legal authority. However, partners are required to fulfill their capital contribution obligations in accordance with the capital contribution method, amount and period of capital payment stipulated in the partnership agreement. , physical goods, land use rights, intellectual property rights and labor services.
A partnership is different from a limited liability company. The debts of a partnership are first used to offset the debts of the partnership. When the offset is insufficient, the partners use their capital. The property bears unlimited joint and several liability. Although there are no minimum capital contribution requirements when a partnership is established, the risks are greater because the partners bear unlimited joint and several liability for the debts of the partnership. If you start a business in the form of a partnership, please choose your partners carefully.
In addition, the recently implemented Sole Proprietorship Law stipulates that a natural person can establish a sole proprietorship. The law also does not stipulate the minimum capital contribution of investors and the requirement for capital verification by a statutory capital verification agency. It only stipulates that investors must declare capital contributions.
Please refer to the above