of November 4, 2010 No. 244
About approval of the Regulations on procedure for state registration of agreements of the complex entrepreneurial license (franchizing)
According to the Civil code of the Republic of Uzbekistan and for the purpose of further forming of favorable conditions for activities of subjects of entrepreneurship the Cabinet of Ministers decides:
1. Approve Regulations on procedure for state registration of agreements of the complex entrepreneurial license (franchizing) according to appendix.
2. To the Ministry of Justice, Chamber of Commerce and Industry, the State patent authority of the Republic of Uzbekistan together with the interested ministries and departments, Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and Tashkent to approve the Plan of organizational actions in a month, having provided in it measures on:
to explanation of main objectives and essence of the Regulations on procedure for state registration of agreements of the complex entrepreneurial license (franchizing) and mechanism of the organization of work on state registration of agreements of the complex entrepreneurial license (franchizing);
the organizations of "round tables" among subjects of entrepreneurship about benefits of development of franchizing in the republic territories;
the organizations of system advanced training of the specialists responsible for ensuring state registration of agreements of the complex entrepreneurial license (franchizing), by holding specialized seminars and trainings.
3. To the ministry of investments and foreign trade, the Ministry of Foreign Affairs of the Republic of Uzbekistan together with bodies of economic board on system basis to carry out work on involvement of internationally acknowledged organizations and their brands to the Republic of Uzbekistan, first of all production, for establishing franchizing, and also to rendering assistance to subjects of entrepreneurship in promotion of national brands abroad.
4. Recommend to Chamber of Commerce and Industry of the Republic of Uzbekistan and bodies of economic board:
together with the interested organizations and the international donor institutes to carry out system studying and implementation of the mechanism of franchizing among members and partners of Chamber of Commerce and Industry for the purpose of expansion of cooperation between large enterprises and subjects of small business, private entrepreneurship;
together with Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas, areas and cities on system basis to take measures for identification and distribution of experience of the successful companies, using the franchizing mechanism;
placement on the website of Chamber of Commerce and Industry of the Republic of Uzbekistan of educational and methodical and visual aids, comments on use of the mechanism of franchizing.
5. To the ministries and departments to bring departmental regulatory legal acts into accord with this resolution in a month.
6. To impose control of execution of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan R. S. Azimov.
Prime Minister of the Republic of Uzbekistan
to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of November 4, 2010 No. 244
1. This Provision governs the relations in case of state registration of agreements of the complex entrepreneurial license (further - the agreement on franchizing), change, amendment or the termination of agreements on franchizing, arising between the state bodies authorized according to the legislation to perform state registration of subjects of entrepreneurship, and legal entities (the commercial organizations), the individual entrepreneurs acting under the agreement on franchizing as the licensee or the licensor.
If implementation of separate types of business activity requires receipt of the corresponding permissions (licenses), the licensee shall get the corresponding permission (license) and perform such activities according to requirements of the regulatory legal acts regulating this type of activity.
2. For the purposes of this provision the following concepts are used:
the agreement on franchizing - the agreement under which one party (licensor) shall provide to other party (licensee) for remuneration complex of exclusive rights (licensed complex) including right to use of trade name of the licensor and the protected commercial information, and also other objects of the exclusive rights (the trademark, service mark and the invention, etc.) provided by the agreement in business activity of the licensee;
the agreement of the complex entrepreneurial sublicense (further - the agreement on the sublicense) is agreement on provision by the licensee of the right to use granted to it licensed complex or its part to other persons on the conditions approved with the licensor or determined in the agreement on franchizing;
the licensor - the agreement party about franchizing, the owner of complex of exclusive rights (licensed complex) providing to the licensee in use on paid basis complex of exclusive rights;
the licensee - the agreement party about franchizing, the right user of complex of exclusive rights of the licensor using it for business activity;
state registration of the agreement on franchizing - the procedure of logging of accounting of state registration of agreements on franchizing (the conclusion, essential changes, amendments or the termination), (further - the Magazine) in the relevant registering bodies;
essential changes and amendments in the agreement about franshizingeizmeneniye and amendments according to the subject of the agreement, quantity, quality, assortment, the price of the delivered goods (work, service), to completion dates, procedure of payments, details of the parties, date and the place of agreement, and also other essential conditions which are established by the legislation for agreements on franchizing or concerning which according to the statement of one of the parties the agreement shall be reached.
3. Agreements on franchizing, essential changes and amendments to them, and also the termination of their action are subject to state registration.
4. The agreement on franchizing (essential changes and amendments, and also the termination) is subject to state registration by the body which performed state registration of the legal entity or individual entrepreneur (further - registering body) acting under the agreement as the licensor. Non-compliance with this rule attracts invalidity of the agreement.
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