Franchising in Belarus: how to tell customers who the franchisee is

Customers see the chain’s signage, but their contract for goods or services is usually with an individual franchisee. Before buying a franchise, establish whether the brand allows you to make this distinction clear: on the website, on the premises and during the ordering process. For the franchising community, transparency about the parties involved is the foundation of trust. For business owners, it is also a matter of meeting obligations that an attractive logo cannot replace.

What Belarusian law requires

In Belarus, franchising is specifically regulated by Chapter 53 of the Civil Code. Article 910 defines the comprehensive business licence agreement, while Article 910-1 requires it to be in writing and registered with the patent authority — the National Centre of Intellectual Property (NCIP).

Article 910-4 of the Civil Code is particularly important for customer communications. It requires the user of the rights to inform customers, in the manner most apparent to them, that the trade name, trade mark or other identifying sign is being used under a franchise agreement. The issue therefore goes beyond whether the brand permits a plaque displaying your company details.

Separate requirements to provide information about the seller or service provider apply under the Republic of Belarus Law on Consumer Protection. These obligations are related but distinct: company details identify who serves the customer, while the franchise disclosure explains the basis on which the chain’s branding is used. The precise information required and how it must be displayed should be checked against the particular retail or service format.

Practical point: before signing the agreement, ask not only for a sample sign but also for an approved procedure for identifying your company to customers. Registering the agreement does not, in itself, replace this disclosure.

Check the whole customer journey, not just one plaque

Ask the franchisor to show you how information is provided at a comparable operating outlet. Then map the points at which prospective customers encounter the brand and decide whether to buy. For each point, record who controls the information and who can correct it.

Check at least the following:

• Premises: what information is available before purchase, where the franchise disclosure appears and whether promotional materials obscure it.
• The chain’s website: whether the company operating at a particular address is identified and whether its details can be found before an order is placed.
• Mobile app: whether the seller or service provider is visible when customers select an outlet and confirm an order.
• Social media and ordering platforms: who is presented as the page owner, on whose behalf orders are accepted and where the payment button leads.
• Customer documents: whether the details are consistent across the order, service agreement and payment documents.

This is a checklist, not a claim that the law requires the same wording on every channel or item. The aim is to avoid a situation in which information technically exists but customers cannot work out who they are dealing with.

For example, an outlet’s page might show only the chain’s name, while the service agreement is issued in the name of a local company. Before buying the franchise, ask to see where and when customers learn about that company and its relationship with the brand.

Set out the disclosure procedure in the agreement

A verbal assurance that ‘you can add your company details after opening’ is not enough if the rights holder controls the website, app and design templates. Franchisees must have a practical means of meeting their obligations, rather than relying on an unspecified response time from a support team.

Propose including four agreed points in the contract or a schedule.

First — agreed wording. Prepare a clear statement explaining who runs the business and on what basis they use the branding. As a starting point, you could discuss: ‘Services are provided by [franchisee’s name]. The chain’s branding is used under a franchise agreement.’ This is not a universal legal template: the wording must be adapted to the actual rights granted and the operating model.

Second — a list of disclosure locations. Specify which materials the franchisee prepares and which the rights holder updates. Attach layouts or requirements for making information accessible, rather than requirements covering brand colours alone.

Third — approval and correction deadlines. Identify a contact person, a channel for submitting requests and a procedure for dealing with errors. Make separate provision for updating information when the franchisee’s name or contact details change.

Fourth — costs. Clarify who pays for plaques, website changes and replacement materials. Propose a separate allocation of the costs of correcting errors in templates supplied by the chain. This is a matter for negotiation, not an obligation automatically imposed on the franchisor by law.

Carry out a check before sales begin

Request sample materials before buying; once the agreement has been finalised, include a disclosure check in your opening plan. Follow the customer journey yourself: find the outlet through a search, select a service, place a test order without paying and review the documents.

Ask three questions: is the specific seller clearly identified, is the use of the chain’s branding explained, and are the details consistent across channels? If answering requires a call to a manager, reconsider how the information is presented.

Keep approved layouts, correspondence and dated screenshots. They help you monitor compliance with what has been agreed, but they do not replace making information genuinely accessible to customers. Assign a member of staff to check the details after updates to the website and promotional materials.

Practical takeaway: buy a franchise only once you have agreed not just the rights to use the brand, but also a clear procedure for identifying your company to customers. The duty to inform must be backed by access to the necessary channels, approved wording and designated people responsible for corrections.