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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
©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume II, Number 352

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About this Author

George Qi, Greenberg Traurig Law Firm, Shanghai, Corporate and Finance Law Attorney
Shareholder

George Qi is the Co-Managing Shareholder in the firm's Shanghai office. He practices primarily in China-related cross- border mergers and acquisitions, foreign direct investment and general corporate matters. He also has wide- ranging experience advising both U.S. and non-U.S. companies relating to internal investigations of FCPA or other regulatory violations.

Areas of Concentration

  • Corporate

  • Compliance

  • Foreign Corrupt Practices Act...

86021-6391-6633
Dawn (Dan) Zhang, Greenberg Traurig Law Firm, Shanghai, Corporate Law Attorney
Shareholder

Dawn (Dan) Zhang is Co-Managing Shareholder of the Shanghai Office and has broad experience advising clients on China-related cross-border mergers and acquisitions, restructuring, joint ventures, funds, 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 is admitted to practice in New York.

Concentrations

  • Mergers and acquisitions

  • Funds

  • Foreign direct investment

  • Corporate governance and compliance

  • Life sciences

8621-6391-6633