International franchise disclosure and registration
requirements
Find below a summar of franchise disclosure and registration
requirements for the international markets.
Hover over all purple text in the table to find
out the details of these provisions (correct as at 3 March 2011) in
the table below.
For a printable
version, please click here >
|
Australia |
Yes
|
|
Fourteen (14) days before entering into the franchise agreement and within four (4) months
after the end of each financial year during the term |
|
|
No |
|
China |
Yes
|
|
The franchisor must disclose in writing certain mandatory information at least thirty (30) days before the
parties execute the franchise agreement |
|
|
Yes
|
| Within fifteen (15) days from execution of the franchise agreement, the same must be registered
with the respective branch of the Ministry of Commerce (MOFCOM) in the administrative region for which the franchise was granted. In
the case of cross-border franchising the francisor has to register the franchise agreement with MOFCOM's head office in Beijing |
|
|
|
Hong Kong |
No |
No |
|
India |
No |
No |
|
Indonesia |
Yes
|
|
At least two (2) weeks before the execution of the franchise agreement |
|
|
Yes
|
| The franchise agreement must be registered with the Ministry of Industry and Trade within thirty (30) days from
the effective date of the franchise agreement |
|
|
|
Japan |
Yes
|
|
A franchisor whose business falls under the definition of a 'specified chaining businesses' is required to provide written pre-contractual disclosure to a potential franchisee |
|
|
No |
|
Kazakhstan |
Yes
|
|
The franchisor must provide the pre-contractual disclose to the potential franchisee and must warn the potential
franchisee regarding the confidential and commercial nature of the information supplied to the franchisee |
|
|
Yes
|
| Registration of the franchise agreement with the Patent Office is mandatory |
|
|
|
Malaysia |
Yes
|
|
At least ten (10) days before the franchisee signs the franchise agreement with the franchisor |
|
|
Yes
|
| Franchisors, master franchisees and franchisees of foreign franchisors are required
to register with the Malaysian Register of Franchises before they can offer to sell or buy franchises in Malaysia |
|
|
|
Russia |
No
|
Yes
|
| A franchise agreement will be invalid unless the agreement is registered with the relevant
Rospatent office. Please note that for a franchise agreement to be registered the trade mark needs to be
registered first |
|
|
|
Saudi Arabia (KSA) |
No
|
Yes
|
| Within six (6) months of executing the agreement |
|
|
|
Singapore |
No |
No |
|
South Africa |
No*
|
|
Please note that new franchise specific legislation will come into force which does contain a disclosure obligation |
|
|
No |
|
South Korea |
Yes
|
|
Fourteen days prior to the execution of the franchise agreement. Please note that the disclosure document has to be
registered with the authorities first
|
|
|
Yes
|
| A franchisor must register a disclosure document with the Korean Fair Trade Commission |
|
|
|
Thailand |
No
|
Yes
|
| Registration of a trade mark licence is mandatory |
|
|
|
Ukraine |
No
|
Yes
|
| Franchise agreements must be registered to ensure enforceability towards third parties |
|
|
|
United Arab Emirates |
No |
No |
|
Vietnam |
Yes
|
|
At least fifteen (15) days before the execution of the franchise agreement
|
|
|
Yes
|
| A foreign franchisor must register its activities with the Ministry of Industry and Trade ("MOIT"), while
a local franchisor registers with the local Department of Industry and Trade |
|
|