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July 28, 2014

China: MOFCOM Further Improves the Administration of Commercial Franchising 商务部发布《商务部办公厅关于进一步做好商业特许经营管理工作的通知》(08/17/2012)

For the purpose of further implementation of the Administrative Regulations on Commercial Franchising (Order of the State Council [2007] No. 485), the Administrative Measures for the Record Filing of Commercial Franchising (Order of the Ministry of Commerce [2011] No. 5) and the Measures for the Administration of Information Disclosure of Commercial Franchising (Order of the Ministry of Commerce [2012] No. 2), the Ministry of Commerce (MOFCOM) issued the Circular of the General Office of the Ministry of Commerce on Further Improving the Administration of Commercial Franchising (“Franchising Circular”) on August 17, 2012, which took effect on the same day.

Pursuant to the Franchising Circular, MOFCOM has set up an administrative office of commercial franchising to take charge of commercial franchising activities. In addition, the Franchising Circular provides that the franchisor shall be regulated under the filling system by competent authorities. The county-level commercial bureau and above will take the responsibility of acceptance and preliminary review of the filing documents.

  • Circular of the General Office of the Ministry of Commerce on Further Improving the Administration of Commercial Franchising
  • 《商务部办公厅关于进一步做好商业特许经营管理工作的通知》
  • Issuing Authority: the Ministry of Commerce
  • Date of Issuance: August 17, 2012 / Effective date: August 17, 2012
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George Qi is a shareholder in Greenberg Traurig's Shanghai office. He focuses his practice primarily on China-related cross-border mergers and acquisitions, capital market, corporate finance and general corporate matters. He has wide-ranging experience advising multinational companies in acquisitions and otherwise doing business in China, and in advising Chinese private companies in raising capital in overseas capital markets.

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About the Author

Shareholder

Dawn Zhang is a shareholder in Greenberg Traurig's Shanghai office. She has broad experience advising clients on venture capital, China-related cross-border mergers and acquisitions, restructuring, joint ventures, and general corporate matters. Before joining Greenberg Traurig, Dawn practiced in other international law firms for many years and served as the PRC legal counsel for a multinational corporation, where she handled a wide variety of corporate matters for public and emerging growth companies. Dawn passed the national PRC judicial qualification examination in 1998 and was...

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