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Contratos de franquicia para Expandir Negocios

Contratos de franquicia para Expandir Negocios

Published in El Deber , 29 - June , 2016 abogados franquicias Overview franchises

If you have an established business, you want to expand through franchising or start a new one, you must have advice
If there is a contract for entrepreneurs, one of the most used in recent decades, is the franchise agreement. This business development model experienced a boom, with very different investment requirements and in many different sectors.
Therefore we will evaluate the main characteristics; ultimately we will have a first overview of what for many is the main option to start a business, to provide a brand and know-how to people.
The franchise agreement is not specifically regulated in Bolivia and therefore is considered an atypical contract left to the autonomy of the parties, legally it is a consensual, bilateral, main contract, business cooperation, uniform, innominate and tract successive.
To be considered as a franchise and distinguished from other types of business cooperation contracts must comprise three requirements:
1. The use of a common name or label or other rights of intellectual property and a presentation of local transport or under contract.
2. The communication of technical knowledge or know-how, to be itself, substantial and unique.
3. The provision continues commercial, technical or both during the term of the agreement, without prejudice to the supervisory powers which may be established by contract.
These requirements are that this type of contract differ from similar, as the concession contracts or exclusive distribution of assignments brand, technology transfer, etc.
A variant of the franchise agreement is the master franchise agreement, one that gives the right to commercially develop the franchise in an area, permission to carry out franchise agreements with third parties.

Among the essential elements of the franchise agreement, it can be mentioned:
• The granting of a right or license to operate a business associated with the use of a trademark or distinctive sign.
• Control by the franchiser product or service on operations, must provide training assistance in all fields of operation.
• Payment of the fee or royalty (royalty) by the franchisee, by percentage on the turnover made by the grantor, the duration of the contract
• Transfer the franchisee of know-how owned by the grantor and the know-how or commercial technology, designed and tested by the grantor.
• Rules aimed at protecting the prestige of the brand, quality and quality of the product and its market.
Whether you have an established business that you want to expand it through franchising or want to start a business as a franchisee, it is important to have expert legal advice, since such contracts are complex and important to stipulate clearly the obligations of the parties in order to avoid future contingencies.
Clauses to consider
Some characteristics of this type of contract clauses:
• Exclusivity: with special reference to geographical and technological field
• Control of Production and Marketing: set with a view to preserving the prestige, quality and quality of product and / or service in the licensed territory.
• Determination of price or royalty to tributarse: may be included in the final sales price to the public
• advertising aspects: to be determined by who will be the expenditure that requires attention to this area in exclusive placement and provision of products or services, makes important aspects related to the image and presence in the consumer market.
• Guarantees: minimum limits are set on production and / or marketing.
• Collaboration: compliance by the franchisee designed to enable the use of the franchise territory within the agreed legal conditions.
• Confidentiality: this relationship generates an obligation seeks to defend the operating methods and technological contributions of the franchiser.
Finally, in order to safeguard the implementation, it is advisable to register the franchise agreement in the commercial register, SENAPI and other public records, taking into account and depending on the nature of the rights granted.

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Contratos de franquicia para expandir negocios
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