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With effect from
17 May 2006, some additional disclosure
requirements will become mandatory in Spain. The
new law is the successor of the old Franchise
Regime which created a Register of Franchisors and
a disclosure rule. From 17 May 2006 all
franchisors active on the Spanish market will have
to meet the new requirements.
Generally,
the new regulation is based on its predecessor.
For the most part it repeats provisions of the
previous Royal Decree on Franchising improving it
by additional disclosure requirements. From now
on:
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| each
franchisor will have to disclose for how long he
has been running the franchise business prior to
disclosure |
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| master
franchisees will be obliged to annex to their
disclose document a copy of their Master
Franchise Agreement |
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| foreign
companies will have to translate all legal
documents into Spanish and register them
together with the original
versions. | Further,
each franchisor will have the right to voluntarily
register the following information:
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| the company's quality
certifications
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| any mediation or ADR
systems in use in the franchise
network
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| whether the franchisor
observes the Code of
Conduct
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| whether the franchisor
participates in the consumers' arbitration
system or any other system to settle consumer
complaints | What
action do franchisors need to take?
From 17 May 2006 all Spanish disclosure
documents will need to be updated to comply with
the new rules. For further information please
contact Babette
Märzheuser-Wood or Mark Abell.
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