Do I need a business license or any license to open a franchise store? Hello, I'm glad to answer your question. If you are an enterprise that wants to open a franchise store, you must apply for a commercial franchise record. Datong Tiancheng Xiaobian will send you the relevant definitions, why to apply, conditions and other contents for your reference.
what is the franchise record?
according to article 3 of the regulations on the administration of commercial franchising, commercial franchising refers to the business activities of an enterprise with registered trademarks, corporate logos, patents, proprietary technologies and other business resources, which are licensed to other operators in the form of contracts, and the franchisee conducts business under a unified business model according to the contract and pays franchise fees to the franchisor.
why do you want to apply for commercial franchise for the record?
Many enterprises think that everything will be all right after signing the franchise contract with franchisees. Why do they need to file their own contracts with the competent authorities?
1. Policy
In order to standardize the franchise industry, the state promulgated a series of laws and regulations on franchise management in 27. All enterprises engaged in franchise must file with the Ministry of Commerce to obtain franchise qualification before they can engage in franchise business activities.
article 8 of the regulations on the administration of commercial franchising, the franchisor shall, within 15 days from the date of first concluding the franchise contract, file with the competent commercial department in accordance with the provisions of these regulations. Engaged in franchise activities within the scope of provinces, autonomous regions and municipalities directly under the central government, it shall be filed with the competent commercial departments of the local people's governments of provinces, autonomous regions and municipalities directly under the central government; Those who engage in franchising activities across provinces, autonomous regions and municipalities directly under the Central Government shall file with the competent department of commerce of the State Council.
2. It is conducive to attracting investment to join
The franchise chain business model is developing rapidly. If it is not put on record, it is difficult to gain the trust of the intended franchisees; Franchised enterprises are more likely to gain the trust of franchisees in the process of attracting investment and have more advantages than competitors; After the franchise is put on record, the name and brand of the enterprise will be publicized on the website of the Ministry of Commerce, which is conducive to enterprise publicity. 3. Protection of the rights and interests of the enterprise itself
If the chain enterprise fails to file the case, it will face a fine of up to 1, yuan from the commercial department if it is complained by competitors or franchisees; When a franchisee has a dispute with him, he may also face the risk of returning the franchise fee.
article 25 of the regulations on the administration of commercial franchising. if a franchisor fails to file a record with the competent commercial department in accordance with the provisions of article 8 of these regulations, the competent commercial department shall order him to file a record within a time limit and impose a fine of not less than 1, yuan but not more than 5, yuan; If the record is not filed within the time limit, a fine of 5, yuan to 1, yuan shall be imposed, and an announcement shall be made.
so what are the requirements for applying for franchise record?
units and individuals other than enterprises may not engage in franchise activities as franchisees.
enterprises with registered trademarks, corporate logos, patents, proprietary technologies and other business resources.
Franchising activities should have a mature business model and have the ability to continuously provide business guidance, technical support and business training for franchisees.
Franchising activities should have at least two direct stores and have been in operation for more than one year.
the franchisor shall, within 15 days from the date of concluding the franchise contract for the first time, file with the competent commercial department.