We become your legal support, structuring our advice to franchises in three different phases:
- Drafting of the pre-contractual dossier.
- Industrial Property. Compliance with legal obligations. Registration of trade marks, distinctive signs, etc.
- Compliance with the franchisor–franchisee confidentiality requirement (Organic Law on Data Protection).
- Drafting of the preliminary agreement and the franchise agreement. Negotiation of the terms and conditions of the franchise agreement and its annexes. Face-to-face meetings, telephone support and resolution of queries regarding the scope of the agreement itself.
- Registration of franchisors.
- Licences required for the start-up and operation of the business.
- Direct communication between the firm and the various franchisees, acting as the company’s in-house legal department. In this regard, all franchisees will turn to the firm whenever they need to clarify or resolve any matter relating to the franchise agreement or any other legal issue that directly affects the running of the business.
- Provision of timely, written updates on the main legislative developments published in the field of franchise law that affect the client’s sector of activity.
- Out-of-court recovery of sums due under the contract.
- Out-of-court negotiations and procedures to ensure proper fulfilment of obligations.
- Registration of the company in the commercial register. Review and fine-tuning of the various commercial contracts the company has entered into with suppliers and third parties involved in its business activities.
- Advice to franchisees regarding contract termination at the initiative of either the franchisee or the franchisor.
- Drafting of employment contracts and collective agreements. Negotiation and planning.
- Dismissals and disciplinary measures. Planning of the workplace disciplinary framework.
- Substantial changes to working conditions.
- Redundancy schemes.
- Advice on workplace harassment or mobbing.
- Framework for corporate groups.
- Occupational health and safety. Labour criminal law. Legal advice and defence.
- Company restructuring.
- Law relating to senior executives.
- Labour contractors and subcontractors. Illegal supply of labour and corporate offences.
- Analysis and review of potential reductions in social security contributions. Labour Project 10.
- Claims for payment and rights.
- Geographical and functional mobility. International mobility and mobility within corporate groups.
- Leave and sabbaticals.
- Collective disputes.
- Trade union law. Trade union policies. Negotiation and planning of agreements.
- Social Security.
- Pension schemes and funds.
- Advice on and processing of employment-related recruitment grants.
- Employment due diligence. Employment checks.
- Tailored employment audits. (LQR).
- Incorporation of all types of commercial companies. Drafting of articles of association.
- Advice to franchises regarding mergers, takeovers, reorganisations, demergers, wound-ups and liquidations of commercial companies.
- Debt recovery claims before the commercial courts.
- Directors’ liability.
- Corporate due diligence.
- Corporate resolutions. Minutes and corporate documents in general.
- Restructuring of companies in financial difficulty.
- Financial contracts.
- Pension schemes and funds.
Insurance law and transactions.
Family agreements. - Drafting of commercial contracts. Industrial contracts.
- Preparation of general meetings and minutes. Advice to corporate bodies.
- Company insolvency proceedings.
- Accounting law.
- Secretarial services for Boards of Directors.
- Acquisition and sale of companies.
- Creation of security interests. Mortgages, pledges, guarantees and sureties.
- Regulation of financial institutions.
- Group and individual insurance.
- Advice on commercial arbitration.
- Advice on the protection, defence and recognition of the various forms of industrial and intellectual property rights.
- Development of defence or offensive strategies tailored to the specific needs of each case.
Analysis and subsequent recommendations regarding the creation and development of contracting and e-commerce systems: domain names, digital certificates and electronic signatures, the provision of services and online marketing, and data processing. - Internet taxation.
- Notices, responses to notices, and pre-litigation negotiations in disputes relating to all forms of industrial and intellectual property, commercial contracts in general, or conduct contrary to fair competition.
- Drafting and filing of all types of applications for the registration of trade marks, designs and distinctive signs at all levels, with national or international offices.
- Preparation of studies, reports and audits of industrial and intellectual property assets.
- Advice to franchisees on the protection and defence of advertising creations, and against unfair or anti-competitive conduct.
- Protection against online infringements of the right to privacy, honour and personal image.
- Drafting of all types of contracts, including licensing, sale, assignment and transfer agreements; as well as publishing, production and performance contracts.
- Taking action before national and supranational customs authorities to request protective measures against goods suspected of infringing intellectual property rights.
- Comprehensive tax advice for franchises.
- Tax planning.
- Legal representation before the Tax Inspectorate and local, regional and central tax administration and collection bodies.
- Tax planning for foreign investments in Spain and Spanish investments abroad.
- Tax law for family businesses.
- Inheritance and Gift Tax.
- Corporation tax.
- Excise and local taxes. Council charges.
- Legal assistance for franchises in specific tax-related matters.
- Tailored tax planning.
- Transfer of family businesses.
- Taxation of non-residents.
- Income and wealth tax.
- Succession planning.
- Value Added Tax.
- Out-of-court settlement / out-of-court proceedings relating to the termination of the contract.
- Legal proceedings, acting as claimants or defendants.
- Actions aimed at protecting your know-how.
- Administrative proceedings of any kind and nature.
- Advice on initiating legal proceedings relating to such termination.
- Measures necessary to safeguard the trade mark and the franchise’s ‘distinctive signs’.
- Advice and implementation in cases of business transfers or assignments by the franchisee (providing the necessary documentary support for the relevant procedures).
Contact lawyers for franchise advice
Our specialist lawyers provide advice to franchises in order to build and protect your business. Entrepreneurship doesn't give you much breathing room, but we can help ensure that your legal affairs are not yet another problem.