Spain’s Franchisors Register: what to check

If you are considering joining a franchise network in Spain, you may come across information packs that highlight a ‘franchisors register number’ as a guarantee. Older guides also circulate that describe registration as compulsory. Before attaching any weight to that claim, it is worth distinguishing between an administrative requirement that has been abolished, company registration and voluntary membership. None, on its own, amounts to official approval of the investment.

What happened to the Franchisors Register

Spain does have specific franchise legislation: its main provisions are Article 62 of Law 7/1996 on Retail Trade and Royal Decree 201/2010 of 26 February. However, the registration requirements mentioned in older documents do not reflect the current rules.

Royal Decree-Law 20/2018 of 7 December abolished the obligation to submit details to the Franchisors Register and repealed the chapter of Royal Decree 201/2010 that governed it. You should therefore not treat a number from the former national register as a current legal requirement for buying a franchise.

There is a reason for the confusion: the original text of legislation may remain available even after it has been amended. Its preamble may also describe obligations that were subsequently removed. To check what is required today, consult the provisions currently in force and their amendment notes, rather than relying solely on an introduction or a commercial guide.

Abolishing the register did not remove pre-contractual disclosure obligations. Nor did it leave franchising unregulated: general rules on contracts and competition still apply, alongside the requirements specific to each business activity.

What each document does — and does not — establish

Before accepting a description such as ‘registered franchise’, ask the franchisor to identify the specific register, the registered entity and the scope of the registration. Different documents answer different questions:

• Former Franchisors Register: a historical entry may show that certain details were submitted under the rules applicable at the time. It does not establish the current position or guarantee financial results.
• Commercial Register (Registro Mercantil): this allows you to check company information and access filed documents. It does not certify that the franchise model works or that the offer is suitable for you.
• Trade mark register: this provides information about industrial property rights. It is not official authorisation of the business as a whole, nor does it establish the quality of the support provided.
• Private association: membership may involve commitments to the association or its code of conduct, but it is voluntary and does not replace legal obligations.

There may also be awards, quality marks or private certifications. Their value depends on who awards them, what they assess, when they were last reviewed and whether they remain valid. A commercial accolade should not be presented as though it were an official licence to franchise.

How to review credentials in a franchise information pack

List the claims that could influence your decision, such as ‘approved’, ‘certified’, ‘registered’ or ‘signed up to a code of conduct’. Keep a dated copy of the document and request a written explanation of any ambiguous wording.

For each credential, ask these questions:

1. Who issued it, and which company or brand does it cover?
2. What was assessed, and what fell outside its scope?
3. Does it have an expiry date or require periodic reviews?
4. Can its validity be confirmed directly with the issuing body?
5. Is there a complaints procedure, and can franchisees use it?

In particular, check that the certificate does not belong to another company in the group or cover a different activity from the one you are signing up for. If a code of conduct is cited, ask for a copy and find out how compliance is monitored.

Outdated information does not, by itself, prove bad faith. The warning sign is when it is used to imply official backing that does not exist, or when the franchisor avoids clarifying what it means. Ask for a correction before continuing negotiations.

What to ask for instead of supposed official approval

Useful checks should not stop at unpicking a misleading quality mark. They should lead you to documents that enable you to make an informed decision.

Article 3 of Royal Decree 201/2010 requires truthful, non-misleading information to be provided in writing at least twenty working days before the contract or preliminary agreement is signed, or before the prospective franchisee makes any payment to the franchisor. This information must include the franchisor’s identity, the company’s experience, the characteristics of the business and the essential terms of the agreement.

Neither association membership nor an old registration exempts the franchisor from this obligation. Ask for any promises material to your purchase to be set out in the contract or its schedules, and commission an independent legal review if the sales presentation contradicts the documents.

Practical takeaway: do not buy into a credential; check what it actually establishes. Identify its issuer, confirm that it remains valid and reject any interpretation that turns it into a guarantee of profitability or official approval of the franchise.