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Yale Franchise Professional Consultant

Yale Franchise Professional Consultant. Want to Franchise Your Business? . Introduction of Franchise system In Malaysia. Franchise concept in Malaysia are governed by the Franchise Act 1998. This Act applies to the sale of franchise throughout Malaysia.

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Yale Franchise Professional Consultant

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  1. Yale Franchise Professional Consultant Want to Franchise Your Business? Yale Consultancy Sdn Bhd

  2. Introduction of Franchise system In Malaysia • Franchise concept in Malaysia are governed by the Franchise Act 1998. • This Act applies to the sale of franchise throughout Malaysia. • Compliance with the Act and thus the need to register also cover companies previously registered under the Prime Minister’s Department or MECD. Yale Consultancy Sdn Bhd

  3. General Concept • The sale of a franchise is deemed to be in Malaysia where: • an offer to sell or buy a franchise • is made in Malaysia and accepted within or outside Malaysia • is made outside Malaysia and accepted within Malaysia • the franchise business is or will be operating in Malaysia Yale Consultancy Sdn Bhd

  4. Categories of franchise registration Yale Consultancy Sdn Bhd

  5. What Documents Do we Needs from You during Application for Registration of Franchises? For a Franchisor or master franchisee Yale Consultancy Sdn Bhd

  6. By virtue of section 6 of the Franchise Act 1998 • Completed disclosure document with all the necessary particulars filled in. The format of the disclosure document is as prescribed in form BAFI; • Completed Form BAF2 (Applicant’s profile); • A sample franchise agreement; • Proven and complete operation manual (BahasaKebangsaan/English); • Training manual (BahasaKebangsaan/English); • Certified true copy of Registered trade mark or intellectual property mark documents with Malaysian Intellectual Property Office (MIPO); • *If trademark/intellectual property mark has been assigned to applicant, a certified true copy of the relevant legal instrument! document must be submitted. Yale Consultancy Sdn Bhd

  7. By virtue of section 6 of the Franchise Act 1998 • Certified true copy of certificate of incorporation (Form 9 or 13, 24, 44, and 49); • Latest audited accounts (3 years) together with financial statements, balance sheet and profit and loss account; • 5 year franchisee financial projection; • Prototype outlet/s photographs; • Brochures/pamphlets/company annual report; and • Other additional information or documents as may be required by the Registrar for the purpose of evaluating the application. Yale Consultancy Sdn Bhd

  8. What Documents Do we Needs from You during Application for Registration of Franchises? For Foreign franchisors Yale Consultancy Sdn Bhd

  9. By virtue of section 55 of the Franchise Act 1998 • Completed form BAF 2 (Applicant’s profile); • Certified true copy of duly executed and stamped franchise agreement between foreign franchisor and franchisee; • Certified true copy of Registered trade mark of intellectual property mark documents with Malaysian Intellectual Property Office (MIPO); • Brochures/pamphlets/company annual report; and • Other additional information or documents as may be required by the Registrar for the purpose of evaluating the application. Yale Consultancy Sdn Bhd

  10. Too many documents to prepare? Don’t worry, we will help you to prepare it! Yale Consultancy Sdn Bhd

  11. Yale Consultancy works closely with Lawyer Firm to provide you with the Best Franchise Agreement Yale Consultancy Sdn Bhd

  12. Content of Franchise Agreement • A franchise agreement must be in writing. The agreement should contain, but is not limited to: • The name and description of the product and business under the franchise • The territorial right granted to the franchisee • The fee which may be imposed on the franchise • The obligation of the Franchisor • The obligation of the Franchisee • The right to use the mark or any other intellectual property by the Franchisee • The condition under which the Franchisee may assign the right under the franchise Yale Consultancy Sdn Bhd

  13. Content of Franchise Agreement • A statement on the cooling-off period • A description pertaining to the mark or any other intellectual property owned or related to the Franchisor which used in the franchise • If the agreement is related to a Master Franchisee, the Franchisor’s identity and the rights obtained by the Master Franchisee from the Franchisor • The types and particulars of assistance provided by the Franchisor • The duration of the franchise and the terms of renewal • The effect of the termination or expiration of the franchise agreement Yale Consultancy Sdn Bhd

  14. Don’t worry! Our Consultant and Lawyer will help you to sort out this issue Yale Consultancy Sdn Bhd

  15. Post Registration Obligations • Register franchisors/master franchisees are required under the Franchise Act 1998 to submit the following annual. Yale Consultancy Sdn Bhd

  16. Annual Report • The Franchisor/Master Franchise must submit an annual report to the Registrar within 30 days from the anniversary date of registration:­ • Number/name/addresses of the following franchise outlets:­ • Company outlet • Bumiputera franchise outlet • Non-bumiputera franchise outlet • Overseas franchise outlet • Yearly turnover • Latest disclosure documents • Latest audited financial statement • The report submitted must be signed and sealed by the company. Yale Consultancy Sdn Bhd

  17. Financial Statement of Promotion Fund • A Franchisor/Master Franchisee who impose a promotion fee on franchisees must establish a Promotion Fund which is to be managed under a separate account and shall only be used for the promotion of the product under the franchise. • The Franchisor/Master Franchisee must submit a financial statement of the fund. • The financial statement must be endorsed by a registered public accountant. • Submission must be made to the Registrar of Franchises, MECD annually within 30 days after the conclusion of the last financial term. Yale Consultancy Sdn Bhd

  18. Application for Approval by Foreign Franchisors • By virtue of Section 54 of the Franchise Act 1998, a foreign person who intends to sell a franchise in Malaysia or to any Malaysian citizen is required to submit an application for approval from the Registrar of Franchises Malaysia, MECD together with the following documents and information:- • Letter of intent with information on: - date of incorporation and commencement of business - franchise concept and background of company - franchise experience (self-owned and franchise outlets) - proposed master franchisee/franchisee in Malaysia (if already identified) • Certified true copy of incorporation from the relevant agency/ies in country of origin; • Certified true copy of proof of trademark and/or intellectual property mark registration; • Brochure/company annual report and picture outlets; and Yale Consultancy Sdn Bhd

  19. Certification of Documents • Copies of documents submitted to the Registrar of Franchises, MECD for the purpose of application of franchise registration and approval are to be certified by a Commissioner for Oaths/Notary Public/Advocate & Solicitor/ Magistrate/ Judge. Yale Consultancy Sdn Bhd

  20. Methodology Yale Consultancy Sdn Bhd

  21. Yale Consultancy Sdn Bhd

  22. Wait No More! Contact Us Yale Consultancy SdnBhd +603 2021 0577 info@yaleconsultant.com www.yaleconsultant.com Yale Consultancy Sdn Bhd

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