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FIELD FISHER WATERHOUSE ALLIANCE
New Franchise Disclosure Rules in Spain

May 2006




Field Fisher Waterhouse

35 Vine Street
London
EC3N 2AA

Tel: +44 (0)20 7861 4000
Fax: +44(0)20 7488 0084

www.ffw.com



European Franchising Network

EuropeanFranchising.com is an on-line information resource service for businesses considering using franchising as a way of developing their market in Europe.

Europeanfranchising.com offers a seamless one stop on-line service for all franchising matters within all EU Member States. It aims to save franchisors time, money and aggravation by making available to them relevant commercial and legal information on franchising in the EU. It is operated by Field Fisher Waterhouse, the EU's leading franchise lawyers. It is edited by Mark Abell, Chairman of the European Franchising Network ("EFN"), who is recognised by Chambers and Partners Guide to the legal profession as the No1 legal adviser for the franchising sector.



Comments



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:

each franchisor will have to disclose for how long he has been running the franchise business prior to disclosure

master franchisees will be obliged to annex to their disclose document a copy of their Master Franchise Agreement

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:

the company's quality certifications

any mediation or ADR systems in use in the franchise network

whether the franchisor observes the Code of Conduct

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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