Asociatia Romana de Franciza

Buying a franchise in the Romania

Buying a franchise in the Romania | Franchise agreement

ROMANIAN FRANCHISE ASSOCIATION is an Association of Public Utility

Steps to buying a franchise in the Romania

Franchise is a business system in which private entrepreneurs purchase the rights to open and run a location of a larger company. Having selected a franchise you wish to buy, there are a number of matters to which you have to attend before you can open for business. The following general guide should help you to complete the transaction more efficiently, both in terms of costs and also in terms of your time and effort.

    • Obtain as much detail from the franchisor as possible. Where the franchisor provides financial illustrations, study these carefully to satisfy yourself that the income shown in those illustrations satisfies your needs and requirements but always bear in mind that these are only illustrations and may be optimistic.
    • Whilst reviewing the information supplied by the franchisor, contact your bank manager (if you think you will need a loan) and discuss with him/her whether, in principle, the bank will lend you the money you require for the type of franchise you are contemplating buying. Most banks now operate fairly sophisticated information systems whereby bank managers have access to a central office from which they can obtain detailed information about many franchises, which will enable them to make a decision.
    • If your efforts at stages 1 & 2 above prove to be satisfactory your next step is to arrange for a franchise lawyer to review the franchise agreement and advise you on it.
    • If you and your franchise solicitor are satisfied with the agreement see your accountant for advice as to the detailed financial aspects of the franchise.
    • By this time you should have some idea of the sort of premises you will be occupying or your „territory”  your area of operations in the case of a mobile franchise. The franchisor may have produced some financial projections for your particular business, if not, your accountant will help you to put together profit projections etc. and, if necessary, a business plan in support of your loan application with your bank.
  • At this stage you will probably be asked to sign the franchise agreement. You should be guided by your franchise solicitor as to the timing of signing the franchise agreement, which should be conditional on your securing satisfactory premises and a bank loan
  • Where retail premises are involved, at this stage serious effort should be made to secure satisfactory premises and you should start talking to your franchisor about the details of converting the premises into a franchised outlet.
  • By this time your bank should have responded to your application for a loan and if the answer is yes you will be in a position to push those involved into finalising the lease for the premises. It is important that you do not enter into a binding commitment to take on premises unless and until you have your bank’s agreement to the loan and you have signed the franchise agreement.
    • To the franchisor by signing a franchise agreement or an agreement to purchase a franchise
    • To your landlord by signing a lease or an agreement to take a lease of the premises (or in the case of a mobile franchise, signing a lease, hire purchase or purchase agreement for a vehicle); and
    • To the bank to take up the loan. Wherever possible you should aim to synchronise these different transactions so that you undertake the three commitments simultaneously.Once you have completed the acquisition of the premises you can go about converting the premises into a franchised outlet and going on the franchisor’s training course.

Franchise agreement | Romanian Franchise Association

From stage 5 the sequence of events up to when you are ready to open for business will vary depending upon the nature of the franchise.
The important thing to remember is that there will come a time when you have to make 3 significant commitments to 3 different parties

    • Taxation Franchise agreement | Romanian Franchise Association

      The Romanian Fiscal Legislation charges differentiated the individual persons and companies in the relation to the royalty.  According with the article 52 of Romanian Fiscal Code, the tax charged by the Romanian state for the franchise contraction represents 10% from the gross income of the independent person franchisor.  The tax is retained at source, meaning that the franchisor will receive only the difference of the royalty after is taxed by the state.  The 10% will be paid by the franchisee to the state, in the name of the franchisor.  The royalty after taxation is deductible from the gross income of the independent person franchisor.

      On the other hand the royalty paid to a company (as franchisor) is taxed by 16% and is calculated in rapport of the gross profit, as is stated by article number 17 of the Fiscal Code. Even if the franchise concept appeared in the Romanian economic and social environment later than in other countries, it has managed to develop a comprehensive system in this domain formed by the Franchise Law, the Franchise Association, and a free market suitable to take advantage of this concept.  The legal system respects the community tendencies regarding competition, exclusivity and information disclosure, and provisions that exist in the other European Union member states.  Therefore, the franchise remains in Romania a good opportunity to succeed in Romania, with a recognized brand, as it is easier to buy a wheel than inventing one.

      Franchising arises when a franchisor grants a licence (franchise) to another business (franchisee) to allow it trade using the brand / business format.

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