Launching a franchise in Belgium: prepare an opening dossier

Turning your existing business into a franchise takes more than a recognisable concept. Each franchisee operates as an independent business and must complete their own formalities. Your business’s registrations and authorisations do not automatically cover a new operator. An administrative opening dossier helps your franchise network get off to a well-prepared start, without taking over the franchisee’s responsibilities.

1. Separate permission to use the franchise concept from legal authorisation

A signed franchise agreement gives the franchisee the contractual right to use your business concept. It does not automatically authorise them to carry out an activity at a particular address. Separate registrations, permits or professional requirements may apply.

Belgium also has specific rules governing the pre-contractual stage of commercial cooperation agreements. Title 2 of Book X of the Code of Economic Law, comprising Articles X.26 to X.33, governs pre-contractual disclosure. For agreements covered by these rules, the prospective franchisee must receive the draft contract and a separate pre-contractual disclosure document at least one month before the agreement is concluded.

The opening dossier serves a different purpose: it brings together evidence that the new business is administratively ready to start trading. It does not replace the pre-contractual disclosure document (known in Dutch as the PID), the franchise agreement or any legally required authorisations. General rules on contracts, businesses, taxation and employment also continue to apply.

Draw up two separate timetables: one for establishing the franchise relationship and one for opening the business. Have preliminary arrangements reviewed by a legal adviser so that a practical checklist does not inadvertently create a premature binding commitment.

2. Establish who will actually operate the business

Start the dossier by identifying the operator. Will this be the prospective franchisee as a sole trader, or a company? That choice determines whose name must appear on the agreement, bank account, registrations and applications.

Setting up a company involves incorporation formalities. A Belgian private limited company (bv) or public limited company (nv), among others, generally requires a notarial deed of incorporation. Ask the prospective franchisee to seek advice from an accountant and, where necessary, a notary. As the franchisor, do not automatically choose the same legal form for everyone.

Include at least the following details in the dossier:

• the operator’s official name and legal form;
• the business registration number and the premises’ address;
• the identity and authority of the signatory;
• the business bank details;
• the contact details of the person responsible for the formalities.

Then check that the same party is named in the franchise agreement, lease and relevant permits. Is the prospective franchisee signing personally while a company to be incorporated later will operate the business? Have the legal arrangements for that transition established in advance. Simply changing the name in your own records is not enough.

3. Build a checklist for each activity and location

Use your existing business as a starting point, not as a universal template. A different municipality, different premises or additional services may bring different formalities. Ask the relevant accredited business counter (ondernemingsloket) and public authorities to confirm what is required for the particular opening.

Organise supporting documents into three groups:

Business registration. Check registration in the Crossroads Bank for Enterprises (KBO), including the registered activities and establishment unit. A company may receive its business registration number when it is incorporated; the business counter can help complete the remaining registration steps.

Tax and social security formalities. Have the need for VAT identification checked. A self-employed person must join a social insurance fund before starting work. If staff are employed, requirements include registration as an employer with the National Social Security Office (RSZ) and the necessary Dimona employment declarations.

Activity-specific authorisations. Depending on the activity, these may include registration, authorisation or approval from the Federal Agency for the Safety of the Food Chain (FAVV), an integrated planning and environmental permit or an environmental permit, or compliance with requirements for a regulated profession. Not all these obligations apply to every franchise concept. Avoid a standard list that treats every item as compulsory regardless of the circumstances.

For each item, record the competent authority, the applicant, the current status and the supporting document. A submitted application is not the same as an authorisation granted.

4. Make the opening decision verifiable

Assign one person responsibility for each task. The franchisee handles their own business formalities; you can provide templates, information and reminders. An accountant, a Belgian payroll and social administration provider (sociaal secretariaat), or a business counter can help with specific steps. Record who must provide each confirmation.

Before the planned opening, discuss which documents are still missing. Distinguish between supplementary paperwork and a missing authorisation without which the activity concerned cannot legally begin. An announced opening date must never take precedence over a legal requirement.

Also agree who decides whether to postpone joint opening announcements and how the parties will keep each other informed. Ensure any contractual consequences are consistent with the franchise agreement; do not introduce new penalties through a standalone checklist.

Finally, keep a dated record of the documents checked. Request only the information needed and restrict access to authorised staff.

Practical takeaway: before your first franchise opening, create a dossier template with four columns: formality, person responsible, evidence and deadline. Adapt it for each operator and location. This gives your franchise network a repeatable opening procedure without confusing independent responsibility with shared support.