Franchisees engaged in franchising activities shall have at least two direct stores, and the operating time shall exceed 1 year.
The franchisor shall, within 15 days from the date of the first franchise contract, file with the competent commercial department in accordance with the 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.
It can be seen that the filing of commercial franchise is a mandatory provision of the law. Franchised enterprises (that is, enterprises that join the chain to attract investment) will face administrative punishment from the competent commercial department if they do not put on record. Then, what materials do enterprises need to provide for the record of commercial franchising? The following franchise filing materials shall be submitted to the competent commercial department according to law:
(a) the basic situation of commercial franchising.
(2) Distribution of all franchisees in China.
(3) the franchisor's market plan.
(four) a copy of the business license of the enterprise as a legal person or a copy of other subject qualification certificates.
(five) a copy of the registration certificate of the business resources such as trademark rights and patent rights related to the franchise activities.
(six) the certification documents issued by the municipal competent department of commerce in accordance with the provisions of the second paragraph of Article 7 of the Regulations; If the direct store is located overseas, the franchisor shall provide the business certificate (including Chinese translation) of the direct store, which shall be notarized by the local notary office and certified by the local embassy or consulate of China.
If the franchisor has engaged in franchise activities before May 1 2007, the provisions of the preceding paragraph shall not apply, but the first franchise contract signed between the franchisor and the franchisee in China shall be submitted.
(7) A sample franchise contract.
(8) Catalogue of Franchise Operation Manual (the number of pages of each chapter and the total number of pages of the manual shall be indicated, and if such manual is provided on the internal network of the franchise system, the estimated number of printed pages shall be provided).
(nine) the products and services that can only be franchised by the laws and regulations of the state shall be submitted to the approval documents of the relevant competent departments.
(10) Letter of Commitment of the Franchisor signed and sealed by the legal representative.