Best Franchising Lawyers in China

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Long'an Law Firm
Beijing, China

Founded in 1992
50 people in their team
Chinese
English
Long An Law Firm is a full service Chinese law firm with thirty-three offices in all major metropolis across China. Founded in 1992, when China embarked on the process of privatization and reform of its economy, our first office in Beijing was one of the earliest private law partnerships licensed...
Tongqian Law Firm
Shanghai, China

Founded in 2001
50 people in their team
Chinese
English
Shanghai Tongqian is a professional law firm which is mainly engaged in corporation law and commercial law with concernings and labor law. The firm is set up and conducted by several outstanding veteran lawyers graduated from Fudan University and East China University of Political Science and...
Jiangxi Hongtian Law Firm
Pingxiang, China

English
Jiangxi Hongtian Law Firm is a Chinese law firm based in Jiangxi province, delivering full-service legal counsel to individuals and businesses across a broad range of matters. The firm combines strong local knowledge with practical, results-oriented advice in corporate and commercial matters,...
Wumu Law Firm
Beijing, China

English
Wumu Law Firm is a China based general practice that provides comprehensive legal services to corporations, financial institutions and individuals. The firm draws on a broad understanding of domestic regulations, corporate governance, dispute resolution and commercial advisory work to help clients...

English
Heilongjiang River Risheng Law Firm is a general-practice law firm based in Heilongjiang, China, offering a broad spectrum of legal services to both individual and corporate clients. The firm provides counsel across commercial transactions, civil litigation, real estate matters and related legal...
Hangzhou, China

Founded in 2002
3 people in their team
English
Zhejiang Yimeng Law Firm is a Yuhang-registered general-practice law firm operating in Zhejiang province. The firm is listed with the Zhejiang Lawyers Association and is overseen by the Yuhang District Judicial Bureau, maintaining a compact team of practicing lawyers who serve local businesses and...
Beijing, China

Founded in 1995
300 people in their team
English
Beijing Zhongkai Law Firm is a Beijing-based comprehensive law firm established in 1995 with authorization from the Ministry of Justice. The firm operates as a partnership with regional branches in Shanghai, Hangzhou, Nanchang, Xiamen and Chengdu, and reports a multi-hundred-strong legal team...
Henglong Law Firm
Shanghai, China

Founded in 2005
50 people in their team
Chinese
English
We specialize in foreign-related transactions concerning e-commerce, environmental protection, fashion, biotech, machinery, real estate and related dispute resolutions. We have been serving a large variety of overseas public or private entities, and regional headquarters of foreign enterprises in...
Beijing, China

English
Beijing Jinyou Law Firm is a Beijing-based partner-owned firm providing comprehensive legal services across corporate and commercial matters, dispute resolution, and regulatory compliance. The firm draws on a team of experienced practitioners who combine deep local knowledge with practical...
Henan Yingtai Law Firm
Zhengzhou, China

Founded in 2006
5,000 people in their team
English
Beijing YingTai Law Firm was established in 2006 and has grown into a large, multi-disciplinary Chinese law firm with a modern 2000 square meter office located at the Oriental Plaza on East Chang An Street in Beijing. The firm is building a nationwide, excellence driven law firm alliance and...
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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 Peopleโ€™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.