The Irish franchising sector has been increasing at a steady rate in the last decade, employing approximately 275,000 persons. At the moment, the franchising sector is represented by 42,000 retail and wholesale businesses. Since 2010, this sector increased by 20% and the largest market share of the franchising industry is represented by food and beverages businesses.
A franchsing business in Ireland is incorporated through a franchising agreement, a legal document in which the franchisor and the franchisee establish the manner in which the company will carry its operations on the country’s territory (depending on the provisions of the agreement, the franchisee may set up its business activities only in a specific region of the country). Our team of lawyers in Ireland can assist investors with legal advice on the main procedures involved in this case.
The Irish franchise agreement
In order to set up a company in Ireland registered as a franchise business, it is mandatory to sign a franchise agreement. Although there is no statutory rule of law which regulates the franchise agreement, the document must contain compulsory provisions regarding the rights and the obligations of the parties, as well as the manner in which the franchise activities can be developed here.
One of the main requirements established in this sense refers to the business experience of the franchisor (the legal entity which grants the right to another party to start a franchise business). Under the Irish legislation, the franchisor must have an experience of minimum one year in conducting a profitable company.
Another clause that should be included in the document refers to the duration of the contract (usually signed for minimum 5 years) and the region in which the intellectual property rights are granted to a franchisee. Our team of Irish lawyers can further information on the requirements referring to intellectual property in this country.
The franchisor may also impose a performance clause, in which the parties may establish a minimum amount of sales on a yearly basis.
The advantages of a franchise business in Ireland
Setting up a business through a franchise agreement can be a great idea, as the company’s representative is no longer required to find a new business concept. The franchise business will be able to use the same business model provided by the franchisor and franchisees will receive intensive trainings regarding all aspects of the company.
Investors can contact our law firm in Ireland for advice on this subject and in-depth information on the documents that have to be submitted with local institutions.