Franchise agreement

Franchise agreement is filed with Documento privado o escritura pública. El Registro de Franquiciadores fue suprimido (RDL 20/2018). With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: €199 to €199. Official tasa (government fee): 21 % IVA on the entry fee and the royalties. No AJD (stamp duty) and no ITP (transfer tax).

We draft your franchise agreement (Ley 7/1996 LORCOMIN art. 62 plus RD 201/2010) between the franchisor and the franchisee. We check the compulsory 20-day pre-contractual disclosure period (RD 201/2010 art. 3): if it is not respected, the contract is voidable. We check the franchisor's entry in the Registro Central de Franquiciadores (Central Register of Franchisors). We set up the entry fee with IVA (VAT), the royalties (a % of sales, a fixed fee or a mix), the contribution to joint advertising, territorial exclusivity, supply arrangements and post-termination non-competition clauses (a maximum of 5 years under EU Regulation 2022/720). It covers initial training and ongoing technical support.

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Estimated total cost: €199 to €199
Managora's fee: €240.79 (21% VAT incl.)
Tasa (official government fee): 21 % IVA on the entry fee and the royalties. No AJD (stamp duty) and no ITP (transfer tax). (suplido: paid to the authority on your behalf, no VAT)
Processing time: Pre-contractual disclosure: 20 days before signing (art. 62.3 LOCM). There is no longer any register of franchisors to sign up to.
Where it is filed: Documento privado o escritura pública. El Registro de Franquiciadores fue suprimido (RDL 20/2018) ↗
What you receive: Application

Cost breakdown: Our fee 199 €. No AJD and no ITP: the 21 % IVA is applied later, on the agreed entry fee and royalties..

Franchise agreement: how is it filed?

1Answer the questions in the chat (around 15 minutes).
2We check the 20-day gap between the disclosure pack and signing (RD 201/2010 art. 3): without it, the contract is voidable.
3We check that the trade mark is registered with the OEPM and that the pre-contractual disclosure is complete.
4We check that the post-termination non-competition clause does not exceed 5 years (EU Regulation 2022/720).
5Payment of 199 € for our fee.
6Sign the mandate from your mobile.
7We draft the full agreement for you, with all its annexes (the manual, the trade marks, the training).
8We arrange the signing. There is no need to enter the franchisor in any register: that obligation has been abolished.
9Payment of the entry fee with IVA. Periodic royalties with 21 % IVA on each invoice.

Which documents do you need?

•The franchisor's CIF (tax number) and the franchisee's DNI/CIF.
•The master franchise agreement and the know-how manual, if you already have them.
•Evidence of the registered trade mark (OEPM, the Spanish Patent and Trade Mark Office).
•The operations manual or brand manual.
•The pre-contractual disclosure pack (RD 201/2010 art. 3).
•The franchisor's financial statements (if the franchisee asks for them).

Legal basis and things to bear in mind

Legal framework: Ley 7/1996 LORCOMIN art. 62 plus RD 201/2010 on franchising and the register of franchisors plus EU Regulation 2022/720 on vertical agreements plus Ley 15/2007 LDC.
PRE-CONTRACTUAL DISCLOSURE (RD 201/2010 art. 3): the franchisor must give the franchisee, at least 20 days before signing, a pack setting out its identifying details, its registration, the trade mark, the sector, the network and the terms of the contract.
If that period is not respected: the contract is VOIDABLE at the franchisee's instance for 4 years (art. 1301 CC).
REGISTER OF FRANCHISORS: ABOLISHED. RDL 20/2018 amended art. 62 of Ley 7/1996 (LOCM) and removed the obligation to register: today there is NO register and no penalty for not being on it. What does still apply is giving the franchisee the pre-contractual disclosure 20 days in advance. Old note (no longer applicable): a serious infringement.
POST-TERMINATION NON-COMPETITION CLAUSE: a maximum of 5 YEARS (EU Regulation 2022/720). Anything longer is void as a restriction of competition.
ROYALTIES: they may be a % of sales (most commonly 4-12 %), a fixed monthly fee, or a mix. A typical contribution to joint advertising is 1-3 % of sales.
TRADE MARK: the franchisor must own the trade mark or be its licensee. Natural connection: registro_marca_oepm.
Natural connections: registro_marca_oepm (registering the franchisor's trade mark), constitucion_sl (if the franchisee sets up a company), alta_autonomo, contrato_prestacion_servicios (technical support), iva_303.
Warranty: the franchisor is responsible for actually transferring the know-how, providing support and granting the right to use the trade mark throughout the life of the contract.

Franchise agreement: frequently asked questions

Franchise agreement: how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is €199 to €199: Our fee 199 €. No AJD and no ITP: the 21 % IVA is applied later, on the agreed entry fee and royalties.. Managora's fee is €240.79, 21% VAT included (€199.00 net + €41.79 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: 21 % IVA on the entry fee and the royalties. No AJD (stamp duty) and no ITP (transfer tax)..

Franchise agreement: how long does it take?

Pre-contractual disclosure: 20 days before signing (art. 62.3 LOCM). There is no longer any register of franchisors to sign up to.

Franchise agreement: which documents do I need?

You need to have to hand: The franchisor's CIF (tax number) and the franchisee's DNI/CIF., The master franchise agreement and the know-how manual, if you already have them., Evidence of the registered trade mark (OEPM, the Spanish Patent and Trade Mark Office)., The operations manual or brand manual., The pre-contractual disclosure pack (RD 201/2010 art. 3)., The franchisor's financial statements (if the franchisee asks for them).. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Documento privado o escritura pública. El Registro de Franquiciadores fue suprimido (RDL 20/2018). You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Documento privado o escritura pública. El Registro de Franquiciadores fue suprimido (RDL 20/2018) ↗.

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