Best Franchising Lawyers in China

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Jiehua Law Firm
Shanghai, China

Founded in 1994
50 people in their team
Chinese
English
Shanghai Jiehua Law Firm was established in July 1994.It is the group member unit of Shanghai law society,and is the second batch of enterprise bankruptcy case manager of Shanghai,and is Shanghai good foundation legal units.Ever since the establishment of Jiehua, by continuously pursuing the...
Yingtexin United Law Firm
Chengdu, China

Founded in 1990
200 people in their team
English
Sichuan Yingtexin United Law Firm, founded in May 1990, is among Sichuan province's earliest partnership law firms. It employs nearly 200 lawyers and staff and operates offices in Shenzhen and Nanchong, reflecting a broad regional footprint. The firm also maintains an international liaison in...
Beijing, China

English
Beijing Chijian Law Firm is a Beijing-based general practice law firm that provides advisory and dispute-resolution services to individual and commercial clients. The firm operates from China and offers legal support across a broad range of civil, commercial and transactional matters, adapting its...
Guantao Law Firm
Beijing, China

Founded in 1994
50 people in their team
Chinese
English
Founded in Beijing in 1994, Guantao Law Firm is one of the leading law firms in China. After almost three decades of expansion and innovation, Guantao now has a team of over 300 partners and 1,200 lawyers.Full spectrum offerings With 26 domestic and overseas offices, Guantao provides...
Effort Law Firm
Shanghai, China

Founded in 1998
50 people in their team
Chinese
English
Co-effort Law Firm is a comprehensive professional legal service organization with a global perspective and local wisdom, dedicated to providing professional legal services to clients. Uphold the concept of "Service Creates Value", We are committed to achieving our own value and social value...
Gf Law Firm
Wuxi, China

Founded in 1999
50 people in their team
Chinese
English
Shanghai Guangfa Law Firm was founded in 1999 and was approved by the Ministry of Justice and the China Securities Regulatory Commission in 2000 to engage in securities legal services. Since its establishment, Guangfa Lawyers has been engaged in securities finance and capital market legal services,...
Guangdong Zhongheng Law Firm
Guangzhou, China

Founded in 1995
150 people in their team
English
Established in 1995, Guangdong Zhiheng Law Firm is a leading Guangdong-based full-service firm with a broad cross-border and domestic practice. The firm operates from a Guangzhou office and has grown to a nationwide footprint, including 15 branches and approximately 150 practicing lawyers,...
Xinnuo Law Firm
Beijing, China

Founded in 2001
50 people in their team
Chinese
English
Sino Pro Law Firm was established under the Lawyers Law of the People’s Republic of China and with the approval of the Beijing Municipal Bureau of Justice. It has more than 400 practicing lawyers. As a comprehensive legal services institution, it has sufficient experience in...
Xinli Law Firm
Pudong, China

English
Xinli Law Firm is a China-based general practice law firm that provides a broad range of legal services to individuals and commercial clients. The firm is listed under the Google Maps category General practice attorney and maintains an online presence, though publicly available information about...
King & Wood Prclawyers
Suzhou, China

Founded in 1832
5,000 people in their team
Chinese
English
We are a law firm born in Asia with an Asian perspective and world-class service capabilities.King & Wood Mallesons has more than 3,000 lawyers in 31 offices around the world. Our lawyers are well versed in Eastern and Western cultures, and rely on diversified thinking, profound professional...
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About Franchising Law in China

Franchising in China has become a popular method for businesses to expand their brand and scale operations across the vast Chinese market. The regulatory environment for franchising is structured under a combination of national laws, administrative regulations, and local rules. The most significant of these is the "Regulation on the Administration of Commercial Franchise," which outlines the legal framework for franchising activities. This regulation ensures clarity in franchise operations and protects both franchisors and franchisees.

Why You May Need a Lawyer

Legal advice is often necessary in franchising due to the complexity and specificity of franchise agreements and regulatory compliance. Common situations that may require legal assistance include:

  • Drafting or reviewing franchise agreements to ensure they comply with Chinese laws.
  • Negotiating terms between franchisors and franchisees.
  • Ensuring compliance with local regulations and requirements.
  • Handling disputes or litigation related to franchising operations.
  • Advising on intellectual property rights, marketing regulations, and operational guidelines.

Local Laws Overview

The key aspects of local laws relevant to franchising in China include:

  • Disclosure Obligations: Franchisors must provide a disclosure document to the franchisee at least 30 days before signing the franchise agreement. This document contains essential information about the franchisor and the franchise system.
  • Record Filing: Franchisors are required to file their franchise with the Ministry of Commerce within 15 days of signing the first franchise agreement.
  • Business Experience Requirement: Franchisors must have owned and operated at least one company-owned outlet in China for more than a year.
  • Intellectual Property: Franchisors need to ensure trademarks and other IP rights are registered and protected in China to avoid infringement issues.

Frequently Asked Questions

What is required to become a franchisor in China?

To become a franchisor in China, you must have operated at least two outlets anywhere in the world for more than a year. Additionally, the franchise system must be filed with the Ministry of Commerce.

How long does it take to register a franchise in China?

The registration process typically takes around 30 to 45 days, assuming all documentation is in order.

Is a local partner necessary to franchise in China?

While it is not strictly required to have a local partner, having one can significantly assist in navigating the regulatory and cultural landscape more effectively.

What should be included in a franchise agreement?

A franchise agreement in China should include the rights and obligations of both parties, fees, terms of payment, intellectual property rights, and conflict resolution mechanisms.

How can franchisors protect their trademark in China?

Franchisors must register their trademarks with the China National Intellectual Property Administration to ensure legal protection against infringement.

Can franchisees independently change the business model?

No, franchisees are typically required to adhere to the business model stipulated by the franchisor as per the franchise agreement.

What are the common fees involved in franchising?

Common fees include an initial franchise fee, ongoing royalty fees, advertising fees, training fees, and renewal fees, among others.

Is it mandatory to disclose financial performance representations?

Financial performance representations are not mandatory, but if provided, they must be truthful and backed by reasonable substantiation.

What disputes are common in franchising?

Common disputes include marketing practices, breach of contract, termination issues, and intellectual property rights.

Are there any restrictions on foreign franchisors?

While there are no explicit restrictions, foreign franchisors face additional challenges like cultural differences, consumer preferences, and stricter regulatory scrutiny.

Additional Resources

For those seeking further information or assistance regarding franchising in China, the following resources may be helpful:

  • The Ministry of Commerce of the People’s Republic of China
  • China Council for the Promotion of International Trade (CCPIT)
  • The China Franchising Association
  • Legal firms specializing in franchising law in China
  • International Franchise Association

Next Steps

If you are considering franchising in China and require legal assistance, consider the following steps:

  • Consult with a legal expert who specializes in Chinese franchise law to understand the regulatory requirements and compliance issues.
  • Conduct thorough due diligence on potential franchisees or franchisors to mitigate risks.
  • Prepare and review all documentation carefully with the assistance of legal counsel.
  • Establish a strong relationship with local partners and resources to facilitate smoother operations.
  • Stay informed about the latest changes in franchising regulations by subscribing to local legal bulletins or newsletters.

Lawzana helps you find the best lawyers and law firms in China through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Franchising, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.