Royal Decree of the Ministry

The past March 13 entered into force the Royal Decree of the Ministry of industry, tourism and Commerce 201/2010, which regulates the exercise of commercial activity in regime of franchise and the communication of data to the register of franchisors. It is a reform of the previous regulations, ensures from the Spanish Association of franchisors, seeks equal treatment with the provisions of the EU but which leaves crucial aspects unresolved, among them, two fundamental:-firstly establishing disparate criteria to determine the autonomous community to whose registry the franchisor must communicate their data. In a few cases the RD refers to logging of the autonomous community where the franchisor provide to initiate their activities and others to the register of the autonomous community where the franchisor has its domicile. This disparity can cause in our opinion a clear legal uncertainty, without that reach to understand the reasons that motivate it explains Xavier Vallhonrat, President of the AEF. -Secondly the most worrying aspect in the development of the Royal Decree is one that refers to possible downward from a franchisor in the register since, due to the lack of data communication, will entail, as well as relevant economic sanctions, the impossibility of proceeding with the exercise of the franchisor activity. This point contradicts openly as provided in another section of the Act. The disproportion of the sanction is so obvious and the contradiction so difficult to explain, that it could end up being more beneficial to the franchisor not registered in the register.

Indeed, non-registration would undoubtedly entail economic sanctions provided for in the law, but never the impossibility to carry out the activity franchise. The inscription, on the other hand, if it were followed by a possible lack of data communication (that must be completed on an annual basis) could cause in addition to sanctions, the inability to continue operating. Because of this, the representatives of the AEF provided meet in the short term with representatives of the Ministry for bringing your concern for these two measures. A few steps forward that the AEF Yes welcomed is the simplification of the registration in the register of franchisors. You are now being asked to communicate activity franchise within three months of its inception, and soon requested that the communication would be prior to such activity. Seems to me better now, since we will avoid the registration of firms that intend to franchising, which then is not confirmed, but that are still in the registry, thickening it artificially. That Yes, this organization also believes that everything can be improved. The registration problem is in its management, which has improved, but that is still far from reach acceptable minimums. For more information: press contact: Mirian Lopez Nuria Coronado Tel.