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A special reminder of the chain! 》A company that does a chain project and needs to have two stores for one year at the same time to have the basic conditions for franchising record!
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Franchise filing conditions:
The franchisor engaged in franchising activities shall have at least 2 directly operated stores and have been in operation for more than 1 year.
The franchisor shall, within 15 days from the date of the first conclusion of the franchise contract, file with the competent department of commerce in accordance with the provisions of the regulations. Engaging in franchise activities within the scope of provinces, autonomous regions and municipalities directly under the Central Government, shall be filed with the competent department of commerce of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government; Engaging in franchise activities across provinces, autonomous regions and municipalities directly under the Central Government shall be filed with the competent department of commerce.
It can be seen that the filing of commercial franchise is a mandatory provision of the law, and franchise enterprises (i.e., enterprises that attract investment in the form of chain franchise) will face administrative penalties from the competent department of commerce if they do not file for the record. So, what materials do enterprises need to provide for commercial franchise filing? According to the law, the following materials shall be submitted to the competent department of commerce for the franchise record:
A) the basic situation of commercial franchising.
2) The distribution of all franchisees' stores in China.
c) the franchisor's market plan.
4) A copy of the business license of the enterprise legal person or a copy of the qualification certificate of other entities.
5) A copy of the registration certificate of trademark rights, patent rights and other business resources related to franchise activities.
6) The certificate issued by the competent department of commerce at the level of a city divided into districts that complies with the provisions of the second paragraph of Article 7 of the Regulations; If the directly-operated store is located abroad, the franchisor shall provide the business certificate of the directly-operated store (including Chinese translation), which shall be notarized by a local notary public and authenticated by the Chinese embassy or consulate in the local area.
The provisions of the preceding paragraph shall not apply to the franchisor who has engaged in franchising activities before May 1, 2007, but shall submit the first franchise contract concluded between the franchisor and the franchisee in China.
7) Sample franchise contract.
viii) the table of contents of the franchise operation manual (the number of pages of each chapter and the total number of pages of the manual shall be indicated, and the estimated number of printed pages shall be provided for such manuals provided on the intranet of the franchise system).
9) National laws and regulations stipulate that franchise products and services can only be carried out after approval, and the approval documents of the relevant competent departments must be submitted.
10) signed and sealed by the legal representative of the franchisor commitment.
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As long as the enterprises that carry out investment promotion and franchise are required to carry out commercial franchise filing.
Legal franchise investment, starting from the record of a chain franchise.
The law stipulates that the franchisee shall apply to the Ministry of Commerce for the franchise record within 15 days from the date of signing the franchise contract with the franchisee for the first time, otherwise it will face an administrative penalty of up to 100,000 yuan.
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All businesses that carry out commercial franchising, regardless of industry, need to file with the Ministry of Commerce.
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The third paragraph of Article 8 of the Regulations stipulates that if the franchised products or services can only be operated after approval in accordance with the law, the franchisor shall also submit the relevant approval documents. According to the "Decision on the Establishment of Administrative Licenses for Administrative Examination and Approval Items that Really Need to Be Retained", the products or services that should be approved before they can be operated in accordance with the law specifically refer to automobiles, books, newspapers and magazines, medicines, pesticides, agricultural films, refined oil, audio-visual products, grain, vegetable oil, sugar, tobacco, cotton and other products or educational, medical, pawn, audio-visual programs and other services. Enterprises operating the above-mentioned products or services shall pass the administrative license of the relevant examination and approval department and obtain the approval documents.
Franchise first network.
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One-of-a-kind franchise has the answer for you:
Commercial franchising, generally referred to as franchising, sometimes referred to as franchising, is a type of marketing. It refers to the enterprise with registered trademarks, corporate logos, patents, proprietary technology and other business resources, that is, the franchisor, through the conclusion of a contract, the business resources it owns are licensed to other operators, that is, the franchisee, and the franchisee carries out business search in accordance with the contract in a unified business model, and pays the corresponding fees to the franchisor. As can be seen from the concept of franchising, there are four essential elements of franchising:
First, the franchisor must be an enterprise with registered trademarks, corporate logos, patents, proprietary technology and other business resources. If the franchisor does not have the above-mentioned return conditions, the franchise will not be able to talk about.
Second, there is a contractual relationship between the franchisor and the franchisee. The franchisor and the franchisee are independent market entities, and the two parties determine their respective rights and obligations by entering into a franchise contract. Therefore, franchising is essentially a civil act.
Third, the franchisee should carry out business under a unified business model. Franchising is a highly systematic and organized marketing method, and a unified business model is one of its core requirements, as well as the need to ensure the standardization and consistency of services and maintain the brand image. This unified business model is reflected in all aspects, from management, quality control, etc., to the decoration design of the store and even the setting of signs.
Fourth, the franchisee shall pay the corresponding fees to the franchisor. The business resources owned by the franchisor have generally been developed and accumulated for a long time and have high commercial value. The licensee is also licensed to use these business resources for the purpose of carrying out business activities.
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Commercial franchising refers to the business activities in which an enterprise with registered trademarks, corporate logos, patents, proprietary technologies and other business resources licenses its business resources to other operators in the form of a contract, and the franchisee carries out business under a unified business model in accordance with the contract, and pays franchise fees to the franchisor. Commercial activities such as franchise chains, franchise and monopoly authorizations, and special distribution in commercial activities all belong to the scope of commercial franchising, and commercial franchises shall be filed with the Ministry of Commerce in accordance with laws and regulations.
Application conditions for commercial franchise filing:
1) Enterprises with registered trademarks, corporate logos, patents, proprietary technologies and other business resources;
2) Engaging in franchise activities shall have at least 2 directly operated stores and have been in operation for more than 1 year.
Administrative Measures for the Filing of Commercial Franchises
Article 3 The Ministry of Commerce and the Ministry of Commerce of the People's Government of Provinces, Autonomous Regions and Municipalities directly under the Central Government are the filing authorities for commercial franchising. Engaged within the scope of provinces, autonomous regions, and municipalities directly under the Central Government.
For the franchise activities of the business broadband fiber industry, the people of the province, autonomous region and municipality directly under the Central Government where the franchisor is located shall be cautious and prudent for the record; Engaging in franchise activities across provinces, autonomous regions and municipalities directly under the Central Government shall be filed with the Ministry of Commerce.
The normal length of service is calculated according to the first working hours, and state-owned enterprises will be more troublesome and may look at the file records, which needs to contact the personnel department to confirm the accounting methods and the required information. Like I have resigned before, although I have not resigned, but there is a record of being terminated from the labor relationship, even if I have officially resigned, so state-owned enterprises can accept it, and general private enterprises do not have the right to manage files, so there should be no record at this stage, and if the state-owned enterprise adjusts the file or counts the length of service, it should also be calculated according to your first job or graduation time. The Social Security Provident Fund will be a reference standard.
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If you find a better one, when you find something more suitable for yourself, for example, I am a doctor, and my income is very good, but I want to go to the countryside to take care of patients, for example, I am an engineer, I have been working for a long time, but I would prefer to have a piece of land to stand in a place where you can see the sky and the earth, if you love each other and find that your persistence is only a burden to the other person, for example, I haven't graduated yet, but I have won the world award, for example, I don't know what to do but I want to try something, When should you give up, not to give up means that no matter how difficult the road is, you should not give up, and you should not give up, and you should not give up because you have not found the direction, even if you insist, you will not succeed if you take the wrong road