Spain’s register of franchisors: what the law requires today

If you are planning to franchise a business in Spain, you may still come across guides recommending that you register as a franchisor within three months of starting operations. That advice reflects a national requirement that has been abolished. Understanding the difference between registration, legal compliance and commercial credentials helps you avoid unnecessary procedures and present your proposition credibly within the franchise sector.

What happened to the register of franchisors

Royal Decree 201/2010 of 26 February regulated commercial activity under franchise arrangements and the submission of information to the register of franchisors. Its original wording required certain information to be submitted within three months of starting operations.

However, Royal Decree-Law 20/2018 of 7 December repealed Article 62(2) of Law 7/1996 on the Regulation of Retail Trade, along with Chapter III of Royal Decree 201/2010, which dealt with the register. The former national requirement to submit information to the register of franchisors is no longer in force.

You should therefore not plan your franchise launch around obtaining a national registration number. Nor should you present that historical registration as an administrative authorisation currently required to franchise a business.

Confusion often arises when people consult the original text of legislation, or its preamble, without checking subsequent amendments. To verify a requirement, use the current consolidated provisions and check the notes on repeals. The preamble explains the context in which the legislation was adopted, but may retain references to obligations that no longer exist.

What remains compulsory without a national register

Abolishing the register did not remove the specific rules governing franchising. Article 62 of Law 7/1996 and the provisions of Royal Decree 201/2010 that remain in force are still essential points of reference.

The latter describes a relationship involving the use of a common name or branding, the transfer of proprietary, substantial and distinctive know-how, and ongoing commercial or technical assistance. The business must also have been operated previously with sufficient experience and success. Simply calling a commercial offer a ‘franchise’ is not enough.

There is also still a duty to provide truthful, non-misleading pre-contractual information 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. The abolition of the register neither shortens that period nor allows a sales presentation to replace the required information.

The general obligations applicable to the company and its activities also remain, including those relating to tax, company and commercial law, employment, data protection and administrative authorisations. Before opening at a particular location, also check the applicable requirements of Spain’s regional and municipal authorities. Do not confuse these checks with the former national requirement to submit information as a franchisor.

How to demonstrate compliance without a registration number

A prospective franchisee may ask you to prove that your franchise is ‘legal’. The useful response is not to look for a generic certificate, but to explain what each document establishes and where its limits lie.

Prepare a due diligence pack containing up-to-date documentation:

• Identity and authority to act: details of the individual or company offering the franchise, and evidence of the signatory’s authority.
• Rights to branding: documentation allowing ownership or licensed use to be verified, including the scope of those rights in Spain.
• Business experience: a verifiable business track record and an accurate account of its development.
• Documentation governing the relationship: pre-contractual information and a proposed contract that are consistent with one another.

This pack is an organisational tool, not a new compulsory register or a public guarantee of profitability. Nor does it replace a legal review of the documents.

If you belong to an association or hold private certification, explain its nature and scope. Membership of the franchise community does not amount to administrative approval of your business model.

What to correct before publishing your offer

Review your website, sales brochures and the messages used by those dealing with prospective franchisees. Remove claims such as ‘franchise authorised by the register’ or ‘compulsory national registration pending’ where these rely on the repealed rules.

Assign someone responsibility for reviewing legal references, and record when each document was last updated. If a service provider offers to handle registration for you, ask them to identify the current legal requirement, the responsible authority and the specific procedure before engaging them.

Practical conclusion: you do not need to revive an abolished national procedure. You need to substantiate your business credentials, comply with current obligations and explain precisely which documents support your franchise proposition.