We become your legal support, structuring our advice to franchises in three different phases:
Phase 1. Project Kick-Off
- Preparation of the precontractual file.
- Industrial property. Compliance with legal duties. Trademark and distinctive mark registration, etc.
- Compliance with franchisor-franchisee confidentiality requirement (Data Protection Act).
- Drafting of the preliminary agreement and the franchise agreement. Negotiating the agreement’s clauses and annexes. Face-to-face meetings, phone assistance, and resolution of queries regarding the scope of the agreement.
- Franchisor registration.
- All necessary permits to launch and operate the business.
Phase 2. Roll-Out
2.1 Liaison With Franchisees
- Direct communication with different franchisees, serving as the company’s in-house Legal Department. Therefore, all franchisees will contact the firm whenever they need to decide on or clarify any issue related to the Franchise Agreement or any other legal matter directly affecting the business.
- Provision of current information in writing including any legal news in the Franchise Sector which may affect the Client’s line of business.
- Out-of-court claims for any amounts derived from the agreement.
- Out-of-court negotiations and proceedings to ensure compliance with its legal obligations.
- Protocolization of the company in commercial law matters. Review and fine tune all commercial agreements the company has with providers and other third parties involved in the business.
- Advice to the franchise in the event of termination of the agreement by the franchisee or franchisor.
2.2 The Franchisor's Employees
- Preparation of employment contracts and collective bargaining agreements. Negotiation and planning.
- Dismissals and sanctions. Preparation of the employee's disciplinary code.
- Substantial changes to working conditions.
- Redundancy schemes.
- Legal advice on workplace mobbing and bullying.
- Corporate Groups.
- Occupational risk prevention. Criminal-Labor and Employment Law. Legal advice and defense.
- Company restructuring.
- Senior executive matters.
- Labor contractors and subcontractors. Illegal transfer of employees and social crimes.
- Assess and review any potential reductions in Social Security contributions. Project Labor 10.
- Claims for payment and other rights.
- Geographical and functional mobility. Mobility within Corporate Groups and international moves.
- Paid and unpaid leaves of absence.
- Collective disputes.
- Union Law. Union policies. Negotiation and Drafting of bargaining agreements.
- Social Security.
- Pension Funds and Plans.
- Advice on and processing of labor subsidies for hiring.
- Labor Due Diligence. Labor auditing.
- Custom labor audits.
2.3 The Franchisor and the name it operates under
- Creation of all types of companies. Preparation of Corporate Bylaws.
- Advice to franchises on mergers, take-overs, transformations, demergers, liquidation and winding-up procedures.
- Payment claims in Commercial Courts.
- Directors’ liability.
- Corporate Due Diligence.
- Corporate Agreements. Corporate records and documents in general.
- Company restructuring in crisis situations.
- Financial contracts.
- Pension Funds and Plans.
- Insurance transactions and Insurance Law.
- Family protocols.
- Draft commercial agreements. Industrial contracts.
- Preparation of meetings and minutes. Advice to corporate bodies.
- Company insolvency.
- Accounting Law.
- Secretary position on the Board of Directors.
- Company acquisition and sale.
- Provision of guarantees. Mortgages, pledges, securities and collaterals.
- Regulation of financial institutions.
- Collective and individual insurance.
- Advice in commercial arbitration proceedings.
2.4 Protection of the Franchisor's Trademark
- Advice to protect, defend and recognize all types of Industrial and Intellectual Property Rights.
- Preparation of defense or attack strategies to meet the needs of each specific case.
- Assessment and subsequent recommendations on the creation and roll out of e-procurement and e-commerce systems: domain names, digital certificate and electronic signature, provision of internet services and marketing, data processing.
- Internet Taxation.
- Injunctions, replies to injunctions, pre-judicial negotiation, conflicts regarding all types of Industrial and Intellectual Property, general commercial agreements or anti-competitive practices.
- Preparation and filing of all sorts of trademarks, designs and distinctive signs before national or international Trademark Offices.
- Preparation of studies, reports and audits related to Industrial and Intellectual Property assets.
- Advice to franchises on protecting and defending advertising creations and against dishonest or anticompetitive practices.
- Protection against online attacks on the right to privacy, honor and self-image.
- Preparation of all sorts of contracts: license, purchase and sale, assignment, transfer; publishing, production, interpretation.
- Interaction with national and supranational Customs Authorities to request protection measures against goods suspected of infringing Intellectual Property rights.
2.5 Tax Consultancy
- Global Tax Consultancy in Franchise matters.
- Tax Planning.
- Legal counsel in tax audits and in audits of local, regional and state tax management and collection bodies.
- Tax planning for foreign investments in Spain and Spanish investments abroad.
- Family business tax law.
- Inheritance and Gift Tax.
- Corporate Income Tax.
- Special and Local Tax. Other duties.
- Legal advice in specific tax proceedings.
- Custom tax design.
- Family business transfers.
- Non-resident tax.
- Income and Property Tax.
- Planning inheritance processes.
- Value Added Tax.
Phase 3. Post contractual actions
- Out-of-court settlements / out-of-court proceedings related to contract termination.
- Court proceedings acting as the plaintiff or as the defendant.
- Actions to protect the franchise’s know-how.
- Administrative proceedings of all sorts.
- Advice on the start of legal actions related such termination.
- Actions needed to for the protection of the franchise’s trademark and distinctive signs.
- Advice and execution in business transfers or assignments by the franchisee (providing documental support in the process).
Contact our lawyers specialized in franchise advise
We can help you build and protect a franchise with the advice of our expert lawyers. There are few moments for a breather, take advantage of one of them to find out how we can help you with any legal problem related to franchises.