Doing business in Spain: Section V- Franchise
Franchises
have increased in Spain and grown rapidly. This method for doing business in
Spain without investing has become very popular, it has effectively been used
for small retailers to compete with larger retail stores.
Through a
franchising contract, franchisee is given the right to use goods, services,
trademark and advertising of the franchisor for a specific period of time. The
franchisee must pay the franchisor as a condition of obtaining or commencing
the franchise operation.
Franchising
companies must be entered in a special Administrative Franchise Registry within
a minimum of 20 days prior the signature of a franchising contract or making
any payment to franchiser.
The
franchiser may be seriously fined for non-registration.
The
franchisee is the franchise business owner, though this takes part of a
commercial network. He must submit to the network business organization.
Franchisor
must deliver written information to the franchisee before the signature of the
franchising contract, in order that the franchisee may decide on whether to
join the franchise team or not.
The
franchising contract must state those terms that the parties consider
appropriate, as long as those are not contrary to law or public policy.
The
following provisions are commonly stated:
- Initial franchise fee: This is what it costs to join the franchise network
- Royalty fees: These payments will continue as long as the franchise lasts. Normally these fees range from 4 percent to 20 percent, depending on the revenues.
- Advertising fees: Once you join the team you will be expected to pay annual fees for the franchise advertising, this charge will not exceed 3 percent of gross sales.
Getting
advice
We provide
advice on for corporate and individual customers who are intending to invest in
Spain.
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