What is the franchise record?
According to Article 3 of the Regulations on the Administration of Commercial Franchise, commercial franchising refers to the business activities in which an enterprise licenses its registered trademarks, enterprise logos, patents, proprietary technologies and other business resources 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 signing a franchise contract with franchisees will be all right. Why do their own contracts need to be filed 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 2007. All enterprises engaged in franchising must file with the Ministry of Commerce and obtain the franchise qualification before engaging in franchising activities.
Article 8 of the Regulations on the Administration of Commercial Franchise, the franchisor shall, within 15 days from the date of signing the first franchise contract, file with the competent commercial department in accordance with the provisions of these Regulations. Those who engage in franchise activities within the scope of provinces, autonomous regions and municipalities directly under the Central Government shall file 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 and joining.
Franchise chain operation mode has developed rapidly. If you don't put it 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, the protection of the enterprise's own rights and interests
If the chain enterprises are not filed, if they are complained by competitors or franchisees, they will face a fine of up to 65,438+10,000 yuan from the commercial department; 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 Franchise, if a franchisor fails to file a record with the competent commercial department in accordance with 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 1 10,000 yuan but not more than 50,000 yuan; Failing to put on record within the time limit, a fine ranging from 50,000 yuan to 6,543.8+10,000 yuan shall be imposed, and an announcement shall be made.
So what are the conditions for applying for franchise filing?
No unit or individual other than an enterprise may engage in franchise activities as a franchisor.
Enterprises with registered trademarks, corporate logos, patents, proprietary technologies and other business resources.
Franchising activities should have a mature business model and the ability to continuously provide business guidance, technical support and business training services to franchisees.
Franchising activities should have at least two direct stores, and the operating time should exceed 1 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.