Second, it should also be noted that the business of a directly operated store should be the same business operated under the same brand as the franchised business. For example, if the franchisor's directly-operated store is engaged in fast food service, but its franchise business is engaged in dry cleaning of clothes, obviously, the franchisor's directly-operated store cannot prove that the franchisor is engaged in the franchised business field (i.e., fast food). services) has established a mature operating model, which is not in line with the legislative intent of the “two stores a year” requirement. Therefore, the business operated by directly-operated stores must be the same as the franchised business in order to meet the "two stores per year" requirement. Third, the brand of the directly-operated store must also be the same as the brand of the franchise business. Assume that the franchisor is engaged in the fast food business under Brand A and owns a number of fast food restaurants operating under Brand A, but the franchisor has never been engaged in the fast food business under Brand B. Then, since it takes time to prove the operating model and market prospects of a specific brand, if the franchisor intends to engage in fast food franchise business under brand B, it is not enough that the franchisor can successfully operate the fast food business under brand A. Just because the franchisor can successfully operate the fast food business under brand A does not mean that it can also establish a mature business model in the industry under brand B. Therefore, from the perspective of meeting the "two stores per year" requirement, directly operated stores should be operated under the same brand as the franchised business. Fourth, a certification document issued by the districted municipal commerce department that complies with the provisions of Article 7, Paragraph 2 of the Regulations; if the directly-operated store is located overseas, the franchisor shall provide a direct-operated store business certificate (including a Chinese translation) ), and have been notarized by the local notary institution and certified by the Chinese embassy or consulate in the local area. Franchisors who have engaged in franchise activities before May 2000 are excluded, but the first franchise contract signed between the franchisor and the franchisee in China shall be submitted. In addition, the term "operating for more than one year" stipulated in Article 7, Paragraph 2 of the "Regulations" not only means that the enterprise should be established and operated for more than one year, but also the direct-operated stores it owns must be operated for more than one year. 3. Obtaining the login number The login number is the only identity credential for the franchisor to apply for registration through the China Internet. After the franchisor obtains the login number of the China station of the Ministry of Commerce registration system, enter the login number and password to proceed with the filing operation on the filing page. Upload and modify files. Through the issuance and acquisition of registration numbers, it is ensured that the franchisor can accept public supervision and management by the registration authority in its own space, reducing uncertain security factors to a minimum. Obtaining a registration number is only an identity review process before applying for registration. Just as an enterprise should go to the industrial and commercial administration authority to obtain a registration form before applying for registration, it is one of the preparatory tasks before registration and does not fall within the period stipulated in Article 9 of the Regulations. day. The formal application filing time shall be calculated from the date when the franchisor completes the submission of all documents and materials through the China Internet after obtaining the registration number. According to the provisions of Articles 43 and 63 of the General Principles of the Civil Law, the filing management agency has stipulated three ways to confirm identity in the filing system. One is directly handled by the legal representative of the franchisor; the other is handled by the franchisor. Entrust natural persons to handle the matter; third, the franchisor entrusts intermediary organizations such as associations and legal institutions to handle the matter. According to different methods, in order to ensure the identity of the handler, based on the experience in judicial practice and relevant legal regulations, the supporting documents that need to be produced in different methods are proposed: First, if the legal representative of the franchisor handles the process directly, he must bring: A copy of the original business license of the enterprise, a copy of the original identity document of the legal representative, the name of the franchisor, contact person, position of the contact person, China, fax, address, postal code, and email address.If you are unable to submit the original business license, you should have the original certification document stamped with the official seal on the copy of the business license by the industrial and commercial administration (commercial authority, provincial chain association or above) where the enterprise is located, or the original other valid certification document (such as a copy of the certification Notarized certificate that is consistent with the original); Secondly, if the franchisor authorizes other natural persons to handle the process, it should first check whether the authorization has passed the legal authorization procedures (including but not limited to notarization, etc.) to confirm the authenticity of the power of attorney, and then request The trustee shall bring: a copy of the original business license of the franchisor, the original power of attorney of the franchisor’s entrusted person, a copy of the original ID of the legal representative, a copy of the original ID of the trustee, the name and contact person of the franchisor , contact title, China, fax, address, zip code, email address. If you are unable to submit the original business license, you should have the original certification document stamped with the official seal on the copy of the business license by the industrial and commercial administration (commercial authority, provincial chain association or above) where the enterprise is located, or the original other valid certification document (such as a copy of the certification Notarial certificate that is consistent with the original); Thirdly, if the franchisor authorizes other intermediary organizations to handle the process, it should first check whether the authorization has passed the legal authorization procedures (including but not limited to notarization and other forms), so as to confirm the authenticity of the power of attorney, and then The person in charge of the intermediary agency is required to bring: a copy of the franchisor's business license, the original letter of authorization from the franchisor to the intermediary agency, the corporate legal person business license verified by the intermediary agency and the original identity document of the legal representative, and proof that the copies are consistent Original documents, a copy of the original qualification certificate of the intermediary agency and a copy of the original ID of the person in charge, the name of the franchisor, contact person, position of the contact person, China, fax, address, postal code, and email address. 4. Reporting of business resources Franchise activities refer to enterprises that own business resources such as registered trademarks, corporate logos, patents, and proprietary technologies, and license their business resources to other operators in the form of contracts. The franchisee shall comply with the contract. Business activities that operate under a unified business model and pay franchise fees to the franchisor. Therefore, enterprises should report relevant operating resources when filing and registering. First, notices of acceptance of registered trademarks, patents, copyrights, etc. cannot be recognized as franchise resources alone. Instead, they should be filled in in conjunction with other resources to comply with legislative requirements, and be filled in as registered trademarks, patents, and copyrights have been accepted. In other words, franchise enterprises that only accept notices of registered trademarks, patents, copyrights, etc. do not meet the requirements for filing and cannot pass the filing. Second, for the relevant copyrights submitted for registration by the copyright authority, if it is a corporate logo copyright registration, the authorized content should be filled in as "corporate logo"; if it is a non-corporate logo copyright (business manual), the authorized content should be filled in Select "Other". Third, in practice, the operating resources of many franchise enterprises are authorized or transferred by other natural persons, enterprises, and other organizations. If the use is authorized, a document authorized by the right holder or filed with the competent state agency must be filled in, and the authorization or filing should show that the franchised enterprise has the right to sublicense to a third party. For other foreign natural persons, enterprises, and other organizations whose rights holders are foreign, the power of attorney should be notarized by the local notary agency and authenticated by the Chinese embassy or consulate in the local area. If transfer of rights is involved, a transfer approval certificate issued by the competent state authority must be submitted. Fourth, the scope of rights stated in the franchise enterprise’s business resource rights certificate or other supporting documents should be consistent with the actual business operations of the franchisor. For example, if the franchisor operates a restaurant, but the protected category of the franchisee's registered trademark is clothing, it is obviously inconsistent. In addition, if the certificate of operating resource rights of a franchise enterprise is registered or issued by another country or region, it shall be implemented in accordance with the relevant provisions of the bilateral agreement signed by my country with that country or the international conventions to which China has jointly acceded.
5. Submit the PDF file. According to the provisions of Article 5, Paragraph 2 of the "Measures", (4) a copy of the business license of the enterprise legal person or a copy of other subject qualification certificates in the filing document; (5) trademark rights related to franchise activities , a copy of the registration certificate of patent rights and other business resources; (6) A certification document issued by the districted municipal commerce department that complies with the provisions of Paragraph 2 of Article 7 of the Regulations; if a directly-operated store is located overseas, a franchise The person shall provide the business certificate of the direct-sale store (including Chinese translation), which shall be notarized by the local notary institution and certified by the Chinese embassy or consulate in the local area; (Franchisors who have already engaged in franchise activities before May 2007 are not applicable. Subject to the provisions of the preceding paragraph, the first franchise contract signed between the franchisor and the franchisee in China shall be submitted) (7) Franchise contract sample; (8) Table of contents of the franchise operation manual (must indicate each item). The number of pages in one chapter and the total number of pages in the manual. For such manuals provided on the Chinese network within the franchise system, an estimated number of printed pages must be provided); (9) National laws and regulations require approval before franchising can be carried out The products and services must be submitted to the approval documents of the relevant competent authorities; (10) The franchisor's commitment signed and sealed by the legal representative and other seven items. The filing system requires the franchisor to submit the electronic file format when filing. The format is uniformly stipulated as "Portable Document Format" (i.e. PDF file), the system does not accept other file formats. Therefore, this requires the franchisor to scan or photograph the submitted documents into the computer and create a PDF file. Franchisors who have registered and applied for registration in Mainland China and China must log in to the enterprise login page of the "Commercial Franchise Information Management System": China txjy.syggs.mofcom.gov China/, and enter the user name and number issued by the registration agency in the "Enterprise Login" on the left Password, verification code, passwords are case-sensitive. After logging in for the first time, the system will force the user to change their password. The system will list the handler information entered when receiving the number for the user to check, and also enter the "Contact Mobile Phone Number in China". The system will automatically exit after clicking Save. After logging out, the system will jump directly to the login page, directly enter the user name issued by the filing authority and the new password set in the above steps. The left side of the system will immediately prompt that the name of the franchisor is the filing applicant, that is, the name of the franchisor's company. At the same time, note It is clear that the name of the filing authority is the Ministry of Commerce or the commercial administrative agency of the province, autonomous region or municipality directly under the Central Government. The filing status of the filing enterprise displayed at this time is generally "unsubmitted" (there are also two statuses: declared and filed), and the filing number is displayed as blank. , the filing number will be displayed after the filing is approved. Users can see all the submitted information and click "Save as Word" to save the declaration form. After verification, they can also click "Declaration" to submit the application. At the same time, after the declaration, the filing status of the filing enterprise changes to "Has been completed". declare". After that, users will no longer be able to modify the content of the application materials themselves. According to the provisions of Article 10 of the "Measures", the registration authority shall file the documents and materials submitted by the franchisor that comply with the provisions of Article 5 of these Measures within 0 days. , and announced it on the China website of the Ministry of Commerce. The starting time of the above provisions is calculated based on the date when the filing authority receives the application materials submitted by the franchisor applying for filing. If the materials submitted by the franchisor do not meet the specified requirements, the filing authority will require the franchisor applying for filing to supplement within the specified date. Relevant information. If supplementary information is required, the starting time will be recalculated from the date the franchisor applying for registration submits the supplementary information. According to the provisions of Article 14 of the Measures, the public can inquire about the following content through the Ministry of Commerce Government China Website: (according to) the franchisor’s corporate name and registered trademarks, corporate logos, patents, and proprietary technologies used in the franchise business and other operating resources; (2) the franchisor’s filing time; (3) the franchisor’s legal business location address and contact information, and the name of the legal representative; (4) the franchisee’s business address in China.
(Currently, only the franchisor's name, registration number, legal representative's name and registration time can be provided. Even if China consults, other items will not be provided) After the franchisor completes the registration, during the operation period, due to various reasons, problems may occur For changes in the original filing information, Article 7 of the "Measures" stipulates that within 30 days after the filing information is changed, an application for change or modification can be submitted through the "Recording Management" of the China Online Filing Management System. The filing authority will make a decision based on the franchisor's Basic information and the content of the change application submitted by the enterprise to the filing department, approve or reject the change application, and send it to the franchisor who applied for the change through the system. If the modification is approved, the franchisor can modify the information on the enterprise side. According to Article 11 of the "Measures": If a franchisor who has completed the registration has any of the following behaviors, the registration authority may cancel the registration and make an announcement on the China website of the Ministry of Commerce: (According to) The franchisor is registered by the competent authority due to illegal operation The authority revokes the business license; (2) the filing authority receives a judicial recommendation on revoking the filing due to the franchisor's illegal operation; (3) the franchisor conceals relevant information or provides false information that is verified to be true; (4) ) the franchisor cancels itself. If the registration management agency finds that the above-mentioned situation occurs in a registered enterprise that has passed the registration, and after verifying the situation, it has the right to directly cancel the registration of the enterprise, notify the registered franchisor through the e-mail reserved by the franchisor, and publish it in the directory of canceled registered enterprises. The above regulations are to establish a completely open and transparent business notification system and ensure that smooth channels are opened for the public to choose and understand the franchisor and its projects.
Reference materials: Baidu Zhi