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Doing Business In Argentina

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approximately 87 percent of the total number of franchisers. U.S. companies make up<br />

about 6.1 percent of the total, and Spanish and Brazilian companies each account for<br />

about 1.9 percent of the total. The peso exchange rate disadvantage vis-à-vis the dollar<br />

and scarce credit render it increasingly difficult for potential Argentine franchisees to<br />

acquire international or U.S. franchises. However, each opportunity should be evaluated<br />

on a case-by-case basis.<br />

The most popular areas for international franchisers are fast foods, foreign language<br />

training, apparel, dry cleaning, hotels, and car rental services. Local franchises have<br />

been particularly successful in ice creams, "empanada" pastries, health clubs, and<br />

education. Significant U.S. market players include Kodak Express, McDonald's, Burger<br />

King, Blockbuster, Holiday <strong>In</strong>n, FutureKids, and the Wall Street <strong>In</strong>stitute. The recent<br />

entries of companies in services such as real estate (Re-Max) open roads for new<br />

market niches.<br />

Franchise contracts are generally protected under the Argentine Commercial Code as<br />

opposed to being governed by specific legislation. The scope of the service, commercial<br />

trade market/name, expertise, and shared production elements are covered by<br />

contractual obligations on both franchiser and franchisee.<br />

Elements of the contract include: the license, methods/systems or proprietary<br />

information transferred to a franchisee, the supply of needed inputs, methods of sales,<br />

and quality standards, and ultimate control by franchiser of the contract elements.<br />

Franchises have been successfully used in <strong>Argentina</strong>, but the obligations of the<br />

franchiser must be clearly delineated in the contract to avoid legal obligations associated<br />

with the operator, in case of default, bankruptcy, etc. Argentine law is unclear about<br />

franchiser obligations in case of bankruptcy or other commercial failings. Legal advice<br />

should be sought before signing contracts.<br />

Franchise contracts are generally protected under the Argentine Commercial Code as<br />

opposed to being governed by specific legislation. The scope of the service, commercial<br />

trade market/name, expertise, and shared production elements are covered by<br />

contractual obligations on both franchiser and franchisee.<br />

Elements of the contract include: the license, methods/systems or proprietary<br />

information transferred to a franchisee, the supply of needed inputs, methods of sales,<br />

and quality standards, and ultimate control by franchiser of the contract elements.<br />

Franchises have been successfully used in <strong>Argentina</strong>, but the obligations of the<br />

franchiser must be clearly delineated in the contract to avoid legal obligations associated<br />

with the operator, in case of default, bankruptcy, etc. Argentine law is unclear about<br />

franchiser obligations in case of bankruptcy or other commercial failings. Legal advice<br />

should be sought before signing contracts.<br />

Direct Marketing Return to top<br />

With the Argentine economy registering five consecutive years of growth and rising<br />

consumption levels, direct marketing methods have renewed opportunities for<br />

development. Telemarketing has been one of the quickest growing tools for businesses<br />

3/4/2008

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