The main process of commercial franchising management and the matters needing attention

  • Time: 2013-08-01 10:04:57
  • Source: SLEEING
  • Hit: 2758

1, chartered
When the enterprise has a mature business model, have been for the concession continued to provide business guidance, technical support and business training and other services, with at least 2 hours of operation for more than 1 years straight camp shop, can implement franchising.
The franchisor shall for the first time since signing a franchise contract within 15 days from the date of, in accordance with the provisions of the competent commerce departments for the record, and shall report last year, signing a franchise contract to the competent commerce department in the first quarter of the year. Engaged in franchise activities in the province, autonomous region, municipality directly under the central government shall, within the scope of, to the location of provinces, autonomous regions, municipalities directly under the Central People's government department in charge of Commerce for the record; provinces, autonomous regions, municipalities directly under the central government, the scope for engaging in franchise activities, should be filed to the administrative department of Commerce of the state council. The departments in charge of the archival filing materials received the franchisor, considered to meet the requirements, will record the franchisor list published in the government website, and timely update.
2, promote investment
Qualified franchise subject legal, the enterprise shall establish and implement a perfect information disclosure system, strengthen information records management, ensure the legitimacy of intellectual property, false propaganda and revenue assurance. The franchisor shall, before signing a franchise contract for at least 30 days, with its detailed information and the franchise contract in written form to the franchisee. The occurrence of major changes to the franchisee franchisor provides information, it shall timely notify the franchisee. The franchisor shall provide the following information to the franchisee franchisor: name, domicile, legal representative, registered capital, business scope and the basic conditions for engaging in franchise activities; the basic situation of registered trademark, logo, patent, proprietary technology and mode of operation of the franchiser; species, amount and payment concession operating expenses (including whether to collect margin and margin of return and return mode); to provide products, services, equipment prices and conditions to the franchisee; to be continuously provided to the franchisee business guidance, technical support, business training and other service contents, methods and implementation plans; to guide, specific measures supervision of the franchise activities of the franchisee; budget for investment in China; domestic existing franchisees assessment the quantity, distribution and business conditions; in recent 2 years as audited by an accounting firm financial accounting report and audit report; in the last 5 years franchise related lawsuits and arbitration the situation; the franchiser or its legal representative if there are records of major illegal operation; the competent commerce Other information management department regulations.
The franchiser requires franchisee to pay at signing a franchise contract before, should be in written form to the franchisee that use this part of the cost and return the condition, mode; franchiser for promotion, publicity costs, should be in accordance with the use of the use of contracts. The use of promotion, publicity expenses shall timely disclosure to the franchisee; not in the name of franchise diddle other property or engage in pyramid selling.
3, qualification assessment
In order to avoid to assume the quality of products liability and vicarious liability, the franchisor must establish and strictly enforce the franchisee to join the standard, to ensure that meet certain conditions of the franchisee is added to the system in order to. Some do not meet the conditions of the franchisee must resolutely shut sb., avoid to ensure the overall quality of the franchise system damage and contract fraud.
4, the signing of the contract
The franchise contract mainly include: the franchisor, is the basic of the franchisor; franchise content, time limit; species, amount of franchise fees and payment; the specific content of business guidance, technical support, business training and other services and provider type; quality standard requirements, product or service and guarantee measures; promotion and advertising of products or services; the franchise in the protection of consumer rights and liability; the franchise contract, rescission and termination; liability for breach of contract; settlement of disputes; the franchisor and franchisee other matters agreed upon. In order to avoid contract risks, the franchise contract design, special attention should be paid to the following problems:
(1) set up a scientific franchise fees, advertising fees collection and payment. The franchiser requires franchisee to pay at signing a franchise contract before, it shall explain to the franchisee uses for this part of the cost and return of the conditions, in written form;
(2) the nature, content, training plan period and place;
(3) set the contract fraud prevention measures. Such as sales revenue and expenditure system, mandatory use of automation software; lawyers, accountants and other settings not regularly return visit system; anonymous customer rating system; commercial secret protection clause, non competition clause, immovable lease terms and preemption clause;
(4) the explicit contract termination conditions and consequences, unilateral rescission period should not set too long. The lifting of the contract conditions generally: the franchisee significant default behavior, in violation of the other members of non competition clause, and the franchisor or franchise system of competition, the franchisee bankruptcy or reorganization, business fraud case;
(5) the vicarious liability for the prevention, can make the franchisee is an independent legal entity shall bear civil liabilities independently in the contract statement, and specify the franchisee to buy third party liability insurance.

5, supervision and management
(1) the quality of the products
The integrity and consistency of the franchise system, the high correlation between one franchisee, harmed. The franchisor shall ensure the quality in a highly responsible spirit, standard chartered business products or services in accordance with the relevant provisions of national law, administrative regulations and requirements, and to every franchisee to provide the franchise operation manual. At the same time, according to the stipulated contents and methods for the franchisee to continuously provide business guidance, technical support, business training and other services. For do not operate according to manual operation franchisees, should give a certain punishment, play a warning role. For the repeated breach of contract, and within the given time refuses to correct the franchisee franchisor should, in accordance with the contract, timely treatment, or even directly to clean up the portal, to ensure the overall quality of the franchise system.
(2) intellectual property
Intellectual property is the core property of the franchisor's, is where the franchise system competitiveness. The franchisor should remain the intellectual property of effectiveness and legitimacy at the same time, formulate measures of intellectual property protection of rigorous, timely detection and treatment of infringing intellectual property rights in intellectual property rights, to maintain the competitiveness of.

 

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