Mariscal & Abogados provides comprehensive legal advice on franchising.
In Spain, franchises have contributed significantly to the reconstruction of the commercial distribution sector and to the reorientation of consumption patterns. Not only are more and more companies opting to franchise as a means of expanding in the country, but the number of establishments opened by franchise chains is also increasing.
At Mariscal & Abogados we are aware of the relevance and scope of this business formula and provide comprehensive legal advice to both franchisors and franchisees in the implementation of franchise projects and their corresponding models of organisation and management.
Launching the franchise
Under Spanish law, there is a series of obligations that are especially important to bear in mind when initiating a franchise project. Therefore, we advise our franchisor clients in the preparation and review of the pre-contractual information that is to be provided to the franchisee. Likewise, we ensure that our franchised clients obtain this information, and we verify that the terms thereof comply with the law and protect, in each case, their interests.
Also, after studying the activity to be carried out by the franchisor, we advise our clients on the suitability of preparing a franchise pre-contract as well as on the key points they should consider to sustain their business.
Lastly, if necessary, we provide advice to our clients on the means through which to carry out their investment in Spain, whether through the constitution of a company or other forms of alternative association.
Drafting and negotiating the franchise and master-franchise contracts
We provide legal advice in the drafting and negotiation process of the franchise contract, preserving the interests of our clients and protecting their business.
In particular and based on our experience with foreign clients, we offer localisation services for franchise contracts used abroad by the franchisor and an adaptation of the terms to Spanish law.
Permanent legal advice on the franchise business
Franchise activity often involves other issues for which our clients may require ongoing advice. Our specialisation in commercial law allows us to provide comprehensive advice on labour, tax, procedural and administrative matters of all kinds, including registration in registries and licenses applications, which in turn gives clients the peace of mind to focus solely on business development.
In the same way, we pay special attention to monitoring compliance with contractual obligations.
Advice on procedures and arbitrations regarding franchises
In cases in which our clients want to terminate a signed franchise agreement or where controversies arise as a result of a breach of contract of any kind, whether between franchisor and franchisee or suppliers and clients, we provide comprehensive advice on procedural and arbitration matters.
If conflicts later arise, our experience in franchise law allows us to defend the interests of franchisors and franchisees with the highest level of professionalism and success guarantees.