Law 12/2013, Of The 13Th Of June, Trade

Original Language Title: Llei 12/2013, del 13 de juny, del comerç

Read the untranslated law here: https://www.bopa.ad/bopa/025032/Pagines/7FB92.aspx

Law 12/2013, of the 13th of June, of the trade.
Since the General Council at its session of 13 June 2013 has approved the following: law 12/2013, of June 13, the Trade Index preamble title I General provisions chapter. Purpose and scope of application the second Chapter. Trade or business activity Chapter third. Commercial establishments Chapter fourth. Procedures for authorisation and to amend Chapter five. Low activity, out-of-business and cancellation of Chapter six. Register of Commerce and industry Chapter seven. Fight against the infiltration eighth Chapter. Trade names and emblems of establishments Section first. Definitions section two. Commercial name third Section. Sign of establishment section four. The holder of an earlier right: compensation for damages the ninth Chapter. Commercial activity in franchising Title II. Outdoor commercial advertising, schedules and rates chapter. Outdoor commercial advertising second chapter. Business opening hours the third Chapter. Title III Prices. Specific types of sale chapter. General layout second chapter. Special Sales Section first. Concept and authorization section second. Distance selling third Section. Electronic commerce section four. Hawking sedentary or not fifth Section. Sixth Section automatic ticket. Home sale Section seven. Sale at public auction Section eighth. Third Chapter outlets. Promotional sales Section first. Concept and information section second. Sale on sale third Section. Clearance sale section four. Sale of assets and liabilities or fifth Section remains. Sale gift Section sixth. Sale or promotion or discount offer in the fourth Chapter. Prohibited sales title IV. Guarantees in the sale of products, inspection and control chapter. Second chapter responsibilities. Commercial guarantee third Chapter. Inspection and control Title v. infractions and sanctions chapter. General provisions Chapter second. Third Chapter offences. Repealing sanctions end Disposicións preamble the commercial activity has been and is important in the development of the Andorran economy since the second half of the 20th century.

The commercial demand has undergone major changes in recent times and has led to the modification of the traditional scene of the Andorran trade. To adapt, the sector is developing a great process of transformation, with the emergence of new commercial formats adapted to new consumer trends and new technologies. This evolution is necessary to search for a balance between liberalisation, survival of the economic fabric and harmonious urban development.

A modern commercial activity should know to combine all of their players: the dealer salesperson, you must offer the best service and products; the buyer, you deserve to have the best service and product; and the worker employed in the commercial sector, which must have the training and the willingness to sell the best product with the best service.

At the same time the trade legislation should be placed in the legal framework established in the Constitution specifying the principles of freedom of enterprise in the framework of the market economy, with freedom and defence of the rights of consumers.

The law establishes the substantive scheme for the exercise of the trade, the administrative regulation of commercial activities and the discipline of the new specific types of sale. It is divided into five titles, twenty-two chapters, one hundred new articles, a repealing provision and four final provisions.

The title and make up new chapters and thirty-eight articles and contains general provisions relating to the object and in the field of subjective application of the law; in the setting of the concepts of trade and commercial activity, the target field delimiters; the second chapter establishes the substantive requirements for the exercise of the trade, for both locals and foreigners, which expressly prohibits the exercise of trade on their own behalf but on behalf of another who by law cannot exercise it. The third chapter defines the concept of commercial establishment, both individual and collective, and the fourth chapter of the administrative authorization for the exercise of trade and the opening of commercial establishments, which simplifies existing procedures in innovative ways, and introduces the procedures of communication and responsible Declaration. It establishes also an authorisation subject to compliance with the special requirements for large commercial establishments. The sixth chapter contains the regime applicable to the registry of Commerce and industry, where they have to register ex officio all people, and individuals, which, with the prior administrative authorisation, carry out trade in the Principality. In the context of the transparency necessary for the fulfilment of international commitments undertaken by Andorra are recommended normal formulas of advertising from the registry. It distinguishes well between the mere consultation, carried out by any person and the application for certification, that is already a different procedure. The seventh chapter regulates the fight against the infiltration of business. The eighth chapter incorporates the regulations relating to trade names and emblems of establishment that until now was regulated by a specific law, flexibilitzant the requirements for authorisation of trade names. Finally, the ninth chapter of this title and regulates the General principles of the commercial activity in franchising.

The title II comes in three chapters of outdoor commercial advertisement, opening hours and prices. The chapter first sets with four articles the general regulation of outdoor advertising, which by reason of the areas which will be obliged to fasten it to a prior administrative authorisation to ensure the prevalence of the general interest on private and individuals of all economic activity. The second chapter of this title made a referral to the legislation on shopping hours to regulate this matter and the third chapter sets in two articles the price regime, in declaring the principle of freedom of fixing have the traders, it sets the corresponding exceptions and establishes the obligation to inform the public.


Title III, composed of four chapters, fourteen sections and forty-four papers, is entirely dedicated to establishing the administrative regulation and the legal material of specific types of sale. The aims objectives are diverse, but mainly focus on two. First, ensure the clarity and transparency of the characteristics that define each of the various types of regulated sales, to promote fair competition in the market; and secondly, to establish the substantive discipline of some type of sale that the final consumers in a position that requires fixing devices to restore the balance between the parties.

The title IV, with three chapters and six articles, establishes, in general, the responsibility of the retail traders, consumer rights and the so-called commercial guarantee, by sending them to the specific regulation, legislation in the area of competition and consumer protection. The principles established by this law have their origin, in the same way that the substantive scheme of specific types of sale, in the rules of the European Union and, therefore, in all of its Member States. The Principality is not obliged to transpose its legislation this regulation but the option to do so seems appropriate both for the reasons that the warrant as to the same national trade competitiveness. The third chapter of this title establishes the regime of inspection and control of establishments and commercial activities in four articles, and highlights the determination of jurisdiction with respect to the inspection authority and the powers that are given to trade inspectors for this purpose.

Title V, consisting of three chapters and twelve articles, determine the discipline of infringements and sanctions in the area of trade, in accordance with the principle of proper provision of administrative law sanctioning. In this sense, determine the figures of the authors and those responsible for the violations. The infractions are sorted into three categories: minor, serious and very serious. Finally, after establishing the competition regarding sanctioning, establish precautionary measures to be adopted for the processing of disciplinary and lists the kinds of sanctions to both the main taxable as such.

Title i. General provisions chapter. Purpose and scope of application Article 1 Purpose the purpose of this law is to establish the scheme for the exercise of trade and its administrative regulation, and also regulate certain specific types of sale in order to sort the sector and improve its structure.

Article 2 Scope 1. Are subject to this law the natural or legal persons, public or private, that exercised the usual form of trade.

2. For the purposes of this law, it is understood that there are habitualitat when the trading activity is carried out through permanent establishment, advertising or other elements which demonstrate the continued nature of the activity.

3. The provisions of title I of this law, in all that is not expressly modified by their specific legislation, also applies to persons, natural or legal, who carry out industrial activities or provision of services.

Second chapter. Trade or business activity Article 3 Concepts 1. Is considered to be trade or commercial activity, for the purposes of this Act, the activity consisting in place or to offer the market products, natural or manufactured, in order to place them at the disposal of consumers or other traders or entrepreneurs.

2. Considers trade or retail commercial activity or the retailer that has as its destination the final consumer; and the trade or business activity in bulk or the wholesaler whose recipients other traders or entrepreneurs who are not end users.

3. The public offer of sale or the exhibition of items in shops carries with it the obligation to sell the property name to consumers who request it and who fulfil the conditions for the acquisition, to the extent that they do not have exhausted the stock or the media. Are excepted from this obligation the products or services about which expressly warns that are outside of sale or as part of the installation or decorated.

4. service is considered any other economic activity normally provided for remuneration.

5. industrial activity is considered to be the economic activity consisting of the use and processing of raw materials and sources of energy for the manufacture of semi-finished products intended for the manufacture of other products or products intended for consumption.

Article 4 legal framework for the exercise of the trade or of any commercial activity is based on the freedom of enterprise and has been developed within the framework of the market economy and the principle of the defence of the interests of consumers and users, in accordance with articles 28, 32 and 35 of the Constitution.

Article 5 Authorisation 1. To exercise the trade, or any commercial activity, any natural or legal person must obtain the relevant previous administrative authorizations in accordance with the procedures regulated in this law.

2. The exercise of the business activity has been set on the object, the place and the trade name authorised and should be made by the holder of the authorization.

Article 6 Capacity 1. May exercise the trade: a) The people of legal age, Andorran nationality, who have full capacity to act and which are not affected by a legal ban.

b) minors and persons exempted from that through their legal representatives can continue to trade that have exercised their rights.

c) legal persons of Andorran nationality.

d) branches of foreign companies and other types of permanent establishments in accordance with the legislation on limited companies and limited liability and on foreign investment.

e) people of legal age, foreign nationals, who have full capacity to act, that are not affected by a legal prohibition and who reside in Andorra as holders of an authorization to reside and work in the country, delivered by the competent Ministry, excluding the temporary authorizations are not extendable.


2. Legal persons formed abroad may exercise the trade through the establishment of a branch or other type of permanent establishments, in the terms established in the current regulations in the area of commercial companies and in terms of foreign investment in the Principality of Andorra. They can also carry out the commercial activity when they have been awarded concessions or contracts with public authorities, parapublic entities or public law, in accordance with the regulations in force in the field of public procurement, and always within the framework foreseen in the concession contract or title indicated.

3. If the provisions in force require a professional rating exercise an activity, applicants must prove that they are the holders.

4. In the event that the professional services are provided by a company, enabling the required professional must have, at a minimum, an individual who is a member of the Committee of Directors, or the director or the Manager of the company. All works that are carried out within the scope of the activity must be conducted and signed by this person that will consist in the registry of Commerce and industry in charge of the activity.

Article 7 Prohibition 1. Cannot exercise the trade on their own behalf but on behalf of another person, natural or legal, who by law cannot exercise it.

2. The persons, physical or juridical, for which another person, or company, exerts the trade on their own behalf, respond in solidarity with the latter of the debts that have arisen.

Article 8 Requirements 1. People, natural or legal, who want to exercise the trade must meet the following requirements: a) to request the opening of the commercial establishment and the exercise of commercial activities or, where appropriate, their modification, in accordance with the procedures provided in this law and the regulations that develop it.

b) Be registered in the registry of Commerce and industry and display the registration certificate at the request of the consumer, of trade inspectors or of the governing skills.

c) satisfy the taxes established by the public authorities to exercise the trade, or providing the services.

d) meet the requirements that established the State provisions for every kind of commercial activity or of provision of services.

e) fulfil the requirements established by the specific provisions that are applicable to national products and to services marketed.

2. Regulations may require certain conditions, skills or specific qualifications to exercise commercial activities requiring a particular knowledge or by reason of the nature of the product or service or for reasons of general interest.

Third chapter. Commercial establishments are considered establishments, commercial Concept Article 9 for the purposes of the provisions in this law, the premises and facilities, covered or uncovered, open to the public who are on the outside or on the inside of a building where the trade or will provide the services.

Article 10 collective Establishments 1. Commercial establishments can be individual or collective. The collective character are integrated to a set of individual business establishments, duly authorized and in one or several buildings, connected or not with each other, in which commercial activities are carried out independently and their respective which have certain elements of common management.

2. The Government regulates the regime in which they can exercise the trade and commercial activity simultaneously in collective establishments.

Article 11 Large establishments are considered large commercial establishments are collective or individual business establishments intended for the retail trade of any kind of products that have a sales area greater than or equal to 2,500 square meters (m²).

The fourth chapter. Procedures for authorisation and to amend Article 12 Responsibilities 1. Corresponds to the Ministry responsible for trade authorized the opening of commercial establishments and the exercise of commercial activities and its modification, and sort the entry in the register of Commerce and industry, after they have obtained the appropriate and communal authorization.

2. The Minister responsible for trade grants the authorization if the documentation attached to the application form provides compliance with the requirements established in this law and the sectoral regulations that apply.

Article 13 Requests 1. Permits are given to the initiative of the person concerned with the presentation of the corresponding application, in which they have to contain the data that are established by regulation.

2. The applications must write in Catalan, in accordance with the models established in each case the competent administration, and can be processed using electronic systems.

Article 14 administrative procedures 1. Establish the following administrative procedures according to the activities that are developed and their characteristics, in accordance with the following criteria: a) communication: simple procedure of notification to the administration of the modification of some of the elements of the business or commercial establishment that are determined by regulation.

If the procedure is inappropriate by reason of the type, circumstances of the modification or for the inaccuracy or falsity of his/her data, the Administration does not support communication and indicates to the person concerned the procedure you must follow.

The communication procedure ends with the registration of the amendment in the register of Commerce and industry, without which this is associated with resolution on the part of the administration. However, those interested may, at any time, request the certificate of inscription in the registry of the communication issued.

b) responsible Declaration: simplified procedure for authorisation applicable to those economic activities that, by its object, or area of operation open to the public, are reasonably a risk to people, property and the environment.

The interested party must submit a statement whereby the applicant and fulfill the technical requirements, General and sectorial, established by the regulations in force and the commitment to meet them for the entire duration of the authorisation.


Accepted for processing the request, the communal Administration, both as general, you have to solve motivadament in the period of one month, unless the Government decides to extend the decision by reason of the instruction file. In any case, the extension may not exceed half of the initial term.

After the deadline of resolution previously indicated, including the extension, without it has adopted a resolution, the authorization is understood to have granted and the Administration has to deliver the resolution and the certificate of inscription in the registry of Commerce and industry.

Once the application is accepted, the applicant can start the activity without prejudice to the subsequent controls can make the competent bodies of the administration.

In the event that the Administration deny the request or agrees to suspend the simplified procedure and initiate the ordinary procedure, the applicant has to suspend the activity from the notification until the final resolution of the case handled by the ordinary procedure.

c) ordinary procedure: the procedure applicable to requests for commercial activities that may not be welcome to the diets of communication or responsible Declaration and are subject, prior to the start of the activity, to the verification of all the technical and administrative conditions on the part of the competent services of the administration or of the governing bodies and companies in which the delegated Administration. In this case you must also, if applicable, prior to the authorization and the beginning of the activities, reports and certificates provided for in article 15.

2. The Government establishes by regulation activities and establishments that can accommodate to the procedures defined in this article and the requirements and conditions that must be accredited.

Article 15 complementary documentation 1. With the request for authorization of business activities that will be processed by the ordinary procedure the applicant must submit, prior to the authorization of the activity, the reports and technical certificates and vouchers evidencing that both the commercial activity or of provision of services, such as the commercial establishment where you will want to do, meet the conditions and technical requirements established by the regulations in force.

2. In the event that the location of the commercial establishment significantly affects mobility, public safety or the environment, the Government must ask the applicant to submit an impact study and a plan of accessibility referred to vehicles, people, parking and loading and unloading areas, to ensure the safety of pedestrians and users and a reasonable level of involvement of the traffic.

3. the documents mentioned in the previous sections have to be issued by authorized entities, companies or technical and/or accredited by the Government.

4. In any case, when it is necessary to have an authorization for the exercise of a profession, you must comply with the requirements established by its sectoral legislation.

5. The Government develops to regulation this article.

Article 16 the competent services of the Government Inspections have ex officio or at the request of the practice of the inspections and verifications necessary to check the compliance with the law.

Article 17 prior authorization of large establishments 1. The opening and the modification of the surface or the activity of large commercial establishments are subject, in addition to the contribution of the documents provided for in article 13, in the previous assessment, based on criteria of general interest, of: a) the conditions of accessibility, circulation and mobility that contains the project.

b) commercial features of the project, the creation of jobs and the effects on the economic development of the sector.

c) The protection of the environment and the urban environment, within the framework of the applicable regulations.

You will have to prove that the commercial establishment has a number of parking places set in the respective performance units provided to management plans and urban development of the parish of its location, and in the case of non-existence of specific regulation, which will meet the minimum standards established in the regulations in force in the field of urban planning.

2. With the application for prior authorisation the applicant must submit to the Government the project, you will have to attach reports that evaluate the criteria mentioned in the first section. The Ministry responsible for trade will have to elaborate a non-binding report evaluating the requirements mentioned in this article and the Government, within the deadlines established by the code of the Administration, will grant or will reject a previous authorisation from Grand Hotel.

3. In case of delivering the authorisation of large property, the interested party must apply for the appropriate administrative requests before the general administration and communal.

Article 18 amendment of the ownership of a business in the event of death of the owner In the event of death of the owner of a business are his successors should be requested in the registry of Commerce and industry changes in the ownership of the business within a year. After this period, the Government, upon instruction from administrative records with audience of any person interested, may urge, ex officio, the low or, in case it is justified, the adequacy of the ownership of the business.

Chapter five. Low activity, out-of-business Termination and deletion of Article 19 1. The owner of a business must apply for the low in the registry of Commerce and industry when cease in the exercise of the activity.

2. The processing of the registration of the cessation of the activity is regulated by regulation.

Article 20 Procedure of the cessation of the activity at the request of the owner of the property 1. When the holder is not part of the final cessation of the activity in the registry of Commerce and industry, the owner of the building where is located the establishment can urge the cessation of the activity in the commercial address authorized, providing the following documentation: a) Document proving ownership of the property or title enough that qualifies for the premises for lease.

b) copy of the lease of the premises subscribed with the lessee.

c) Document stating that it has resolved the tenancy agreement.

d) in the event that the business has been given low common, low resolution original agreed by the local Corporation or a certificate that proves it.


2. On receipt of the request by the administrative organ in the manner established by regulation, the incoa record of cancellation and, upon inspection of business premises to ascertain the condition of the premises and a procedure of public information so that anyone interested can contribute what they deemed appropriate within a period of no less than ten working days, resolves the request and in your case, proceed to the final cessation of the activity in the registry of Commerce and industry.

Article 21 registration of trade of the cessation of the activity of the public administration can urge, ex officio, of a business in the registry of Commerce and industry when that has no activity, subject to inspection of business premises to ascertain the condition of the premises and a procedure of public information so that anyone interested can contribute what they deemed appropriate within a period of no less than ten working days.

Article 22 registration Effects of registration of the cessation of the activity 1. With the cessation of the ultimate activity of a business in the registry of Commerce and industry, the existing relationship between the authorized business and the property where this business developed the activity.

2. The registration of the final cessation of the activity in the registry of Commerce and industry involves the cancellation of the business, provided that there are no judicial measures that prevent it.

Article 23 tax obligations with cancellation of a business in the registry of Commerce and industry does not exempt the holder of the payment of the tax obligations that are waiting to liquidate up to the cancellation, in accordance with the provisions of the current regulations.

Chapter six. Register of Commerce and industry Article 24 subject-matter 1. The registry of Commerce and industry attached to the Ministry responsible for trade aims to register people, and individuals, that have or wish to exercise the activities set out in article 2.

2. The regulations may create special sections included in the registry of Commerce and industry, depending on the nature of the business activities. The Government regulates the functioning of the register of Commerce and industry.

Article 25 registration of trade 1. The granting of the authorisation to open a commercial establishment or the exercise of the trade, regulated in articles 12 and 17, involves the registration of trade commerce and industry register of persons, natural or legal, authorised.

2. Are enrolled automatically in the registry of Commerce and industry the change or extension of activities and commercial name, the change of the holder, the transfer of the commercial establishment and the end of the exercise of the authorized activity.

Article 26 the registry of Commerce and Advertising industry is public. Advertising becomes effective by: a) The physical or electronic media consultation carried out by any person.

b) The certification of the content of the registration, issued by the competent body at the request of the person concerned.

Chapter seven. Fight against the infiltration Article 27 business Intrusion 1. For the purposes of this law shall be considered business Intrusion the realization of commercial, industrial or professional activities in the Principality of Andorra by a natural or legal person, resident or non-resident, without the appropriate permits.

2. It is considered also the business individuals and companies recruiting infiltration, residents or non-residents, to carry out, in the Principality of Andorra, commercial, industrial or professional activities without the appropriate permits.

3. The Government, by regulation, adopt appropriate measures and the necessary mechanisms in the field of prevention and fight against the infiltration of business.

Eighth chapter. Trade names and emblems of establishments Section first. Definitions Article 28 commercial name 1. A trade name is the sign which serves to identify a natural or legal person in the exercise of their commercial activity and that allows to distinguish it from other natural or legal persons that perform commercial activities identical or similar.

2. Any natural or legal person, in order to exercise a commercial activity within the Principality of Andorra, you must register your business name in the registry of Commerce and industry.

Article 29 establishment Sign Is a sign of establishment the sign which serves to identify a commercial establishment and to distinguish it from other commercial establishments.

Second section. Commercial name Article 30 Signs that may constitute a trade name 1. May constitute a trade name: a) the words.

b) names, last names or aliases of individuals or social denominations of legal persons as long as they belong to the holder of the trade name at the time of being registered in the registry of Commerce and industry of the Principality of Andorra. In the event that the commercial name will give the names, last name or company name will have to adapt to the new holder of the trade name.

c) numerical expressions, using or not parentheses and quotation marks and signs spellings.

d) the acronym.

e) the initials, in all or part of the commercial name.

f) All combination of the signs mentioned in subsections to) to c) of this section.

g) The names of fantasy that have relation with the activity of the business.

2. A sign cannot constitute a commercial name: a) if it is contrary to the law, public order or good customs.

b) if it is nature to mislead the public, particularly about the activity carried out under this trade name.

c) If you are lacking in distinctive character.

Article 31 previous Rights relating to a trade name cannot be adopted as a trade name, a sign identical or similar to: a) a trade name registered in the register of Commerce and industry of the Principality of Andorra or a company name as registered in the register of Companies of the Principality of Andorra.

b) a trade name registered in the Principality of Andorra not alien or a company name not registered in the Principality of Andorra, but it is sufficiently known or known by the public in the Principality of Andorra to create a risk of confusion.

c) a trademark in the Principality of Andorra if, in the view of the products or services for which the mark is registered and in view of the commercial activity to exercise under the trade name, you can create a risk of confusion in the public mind or can cause a prejudice to the owner of this trademark.

Article 32 language of trade names registered


A commercial name can only be registered in the registry of Commerce and industry of the Principality of Andorra if it is constituted by: a) Words, including personal names, of the Catalan language.

b) words formed by letters of the alphabet Catalan.

c) the first and last names that correspond to the individual who is identified in the exercise of their activity to the trade name.

d) Roman numerals or Arabic numerals.

e) Toponyms.

f) words that form part of the name of the legal entity identified in the exercise of their commercial activity to this commercial name.

g) all combination of the signs mentioned in the previous sections of this article.

Article 33 nullity of the registration of a trade name 1. Any decision of the register of Commerce and industry of registration of a trade name may not be flown via administrative courts. Every person that justify a legitimate interest has direct access to the Court and can request the nullity of the registration in accordance with the provisions of this law.

2. The judicial authority, at the request of any person to justify a legitimate interest, you can declare a trade name registration in the event that this does not comply with any of the conditions set out in this law.

3. The judicial authority, at the request of the holder of an earlier right, you can declare a register of commercial name that hurt one of these rights.

4. All commercial name registration declared null is considered void and of no effect from their date of registration.

5. When the Declaration of nullity of the registration of a trade name has become short, the judicial authority notify their decision to the registry of Commerce and industry, that part of this decision with the indication that this trade name registration is null and without effect from their date of registration.

The third section. Sign of establishment Article 34 Signs that may constitute a sign of establishment 1. May constitute the sign of establishment: a) The corporate name registered in the Principality of Andorra of the society that occupies the property.

b) the trade name registered in the Principality of Andorra of the natural or legal person who carries out its commercial activity on the property.

c) the brand name of a product or service when the activity of the establishment is primarily related to this product or service, and provided that this use of the brand is made in accordance with the provisions established by the regulations in force.

d) All combination of the signs set out in subsections to) to c) of this section.

2. The signs set out in paragraph 1 of this article may be accompanied by: a) Words or expressions in the Catalan language that refer to the activity carried out in the establishment.

b) two-dimensional Figurative Elements or three-dimensional.

c) Indications concerning the address of the establishment.

3. The signs set out in paragraph 2 of this article may not be of a nature to create a confusion with the commercial premises, products, services or commercial activity of a third party.

Section four. The holder of an earlier right: compensation for damages Article 35 right to strike up an action even though the owner of one of the aforementioned rights set out in the previous articles, you can strike up to the judicial authorities in a civil or criminal action against any person who harms their rights.

Article 36 Compensation of damages 1. Of injury to one of the aforementioned rights set out in the present chapter is responsible for its author, who is obliged to repair the damage caused to the holder of this right.

2. The judicial authority fixes the amount of the compensation for damages taking into account the losses suffered by the holder of the earlier right and the benefits obtained by the infringer of the rights because of this injury.

3. The judicial authority may condemn the author of the injury caused to the holder of the earlier right in what you pay to the latter the court costs, including the fees of counsel.

4. The judicial authority may order the publication of the decision in a national newspaper, by the author of the injury caused to the holder of the earlier right.

Chapter nine. Commercial activity in franchising Article 37 franchise Concept for the purposes of this law, it is understood as a franchise business by which a company called franchise, gives to another, called Tous franchiser, the right to exploit a brand or a business procedure, providing, in addition, technical assistance and services necessary to facilitate the operation, in Exchange for a direct or indirect financial consideration.

Article 38 Form 1. The granting of a franchise must be formalized by means of written contract which has to establish the rights and obligations of both parties.

2. The franchisor should be the holder, in Andorra, the title of ownership or license for use of the trademark or commercial proceedings, and if appropriate, shall inform the Tous franchiser any judicial resources brought that can affect the ownership or use of the trademark or commercial proceedings.

Title II. Outdoor commercial advertising, schedules and rates chapter. Outdoor commercial advertisement Article 39 concept is commercial advertising outside any form of communication made to a natural or legal person in the exercise of any business activity, with the purpose of promoting directly or indirectly the procurement of goods or services and that uses materials of various kinds likely to attract the attention of the people, who are in open spaces such as streets , squares, roads and, in general, in areas of general public use.

Article 40 Prohibition is not allowed commercial advertising outdoors in sustaining walls, walls or facades of barns and other agricultural buildings or listed property of cultural interest or inventoried property of historical, artistic or cultural interest.

Article 41 Is Without prejudice to the powers which may correspond to the Commons, the Government can regulate the areas in which they can perform advertising as well as the shape and features that can configure the various materials used to make the commercial advertising outdoors depending on the place where you want to make.

Article 42 advertising Licensing foreign trade requires the prior administrative authorization of corresponding to the area in which you want to make and of the Government in the sections of roads or other public channels of communication competence.

Second chapter. Business opening hours Article 43 Regulation


The times of opening and closing of the commercial establishments are regulated by their specific legislation.

Article 44 Goal within the framework of the regulation set out in the law, each merchant sets freely opening and closing hours of your commercial establishment, and also the days during which to unfold its activity.

Article 45 Publicity In all commercial establishments must include the information about the opening hours and days of opening and closing in a location visible from the outside, even when the establishment is closed.

Third chapter. 46 Article prices price Freedom 1. In general, traders or suppliers freely selling prices of products and the provision of services to the public, in accordance with the provisions of article 4.

2. However, the Government can be fixed, with the audience of the sectors affected, the price of goods and services to make it possible, within the framework of the market economy, the balanced development of society and the general well-being, as laid down in article 32 of the Constitution.

Article 47 information on price 1. The merchants must display the price of the products exposed to the public in the interior of the commercial establishment. This information has been set out in a clearly legible by the general public.

2. The information on prices of the products exposed to the exterior Windows of the commercial property is regulated by the regulation, bearing in mind security reasons, their homogeneity and the nature of the product.

Title III. Specific types of sale chapter. General provision Article 48 Concept Will consider specific types of sale, for the purposes of the provisions of this law, both special sales as promotional sales.

Second chapter. Special Sales Section first. Article 49 authorization concept and Concept Are the special sales made by retailers and consumers that retailers do not take place in a commercial establishment open to the public on a permanent basis. Especially, they are hawking sedentary or not in markets and fairs, auto sales, home sales and sale at public auction.

Article 50 Authorization Will need a prior administrative authorization from the Government to carry out any type of special sales, with the exception of the hawking sedentary or not, it must be authorized by the common where you want to make. However, if the development of the hawking significantly affects the national mobility of the basic road network, it also requires a prior administrative authorization from the Government.

Second section. Distance selling Article 51 Concept is considered distance selling which takes place without the simultaneous physical presence of the buyer and of the seller, provided that the offer and acceptance are done exclusively through a technique any distance and communication within a system of distance contracts organised by the seller.

Article 52 previous information before any distance selling and with the advance, the seller must provide the buyer, clearly and understandable and through a medium appropriate to the remote communications technique used, the following information: a) the seller's Identity, address and certificate of the administrative authorization from the Government.

b) essential characteristics of the product or service.

c) price of product or service, including taxes.

d) form of payment and methods of delivery or execution.

e delivery and transport costs), if applicable.

f) Cost of using the technique of communication at a distance, when you calculate on a basis other than the basic rate.

g) period of validity of the offer and the price.

h) minimum duration of the contract, in the case of contracts for the supply of products or services intended to be executed on an ongoing basis or repeated.

I) existence of the right of withdrawal.

j) information about the guarantee of product or service.

k) conditions and maximum period of delivery of the goods or provision of services.

Article 53 Acceptance 1. The acceptance of the offer by the buyer must be, in any case, express. The lack of response to the offer of sale at a distance cannot be considered never an acceptance of the offer.

2. It is not allowed to deliver products or services that the buyer does not have requested previously when included a request for payment.

3. In case of violating the prohibition of the previous section, the recipient of the products is not required to return them and also you can claim the price. In the event that the return, you can not demand any compensation.

Article 54 further Information in addition to the information specified in article 52, the buyer shall receive in writing, or on any other durable support appropriate to the technique of distance communication used, and at the latest at the time that it delivered the product, the following documents and information: a) information about the conditions and the modalities of exercise of the right of withdrawal.

b) the address of the property of the seller where the buyer can file claims.

c) information relating to after-sales service and the existing commercial warranties.

d) the conditions of termination of the contract in the event that this contract has a maturity or greater than one year.

Compliance with article 55 1. Unless the parties have agreed otherwise, the seller must comply with the contract of sale at a distance within a maximum period of thirty days counted from the day after the day on which the buyer has accepted the offer.

2. In case of not being available the product, the seller must inform the buyer of this circumstance, and the buyer has the right to recover the sums paid, at most, within a period of thirty days.

Article 56 right of withdrawal 1. The buyer may exercise the right of withdrawal from the contract of sale at a distance within a period of seven working days counted from the day you received the product and for three months in the event that the seller does not comply with the obligation established in article 54.

2. The exercise of the right of withdrawal cannot hold to comply with any formality or indication of reason, and can not assume any penalty for the buyer.

3. The buyer of exercising the right of withdrawal has to restore the product to the seller, who, as soon as possible, you have to return the sums which he has satisfied the buyer, and at the most, within a period of thirty calendar days counted from the day after the date on which the seller has received the product.


4. In the event that the price of the sale is funded with a credit granted by the vendor or by a third party with the prior agreement with the seller, the dropping of the resolution of the credit without any penalty.

Article 57 Exclusions unless the parties have agreed otherwise, the buyer cannot exercise the right of withdrawal provided for in article 56 in the distance sales contracts have the following objects: a) Products the price of which is subject to fluctuations in the financial market that the seller cannot control.

b) products made in accordance with the buyer's specifications or clearly personalized or which, by its very nature, cannot be restituïts or may deteriorate or expire rapidly.

c) products which present defects caused by the use.

d) recordings of sounds or images, records and computer programs that have been unsealed by the buyer.

e) daily newspapers, periodicals and magazines.

f) other products and services that are established by regulation.

Article 58 Irrenunciabilitat the rights recognized to the buyer in this section are irrevocable and, consequently, annul right any waiver that make under any form.

The third section. E-commerce Article 59 concept and regime 1. E-commerce is considered to be the modality of distance selling based on the transmission of data by telecommunications networks.

2. The contracts and commercial communications by electronic means are governed by specific legislation on e-commerce.

3. In all matters that are not regulated by the legislation on electronic commerce is to apply this law.

Section four. Hawking sedentary or not Article 60 Concept is considered to be hawking the sedentary or not taking place in stops or removable, transportable or mobile facilities, located in the public open spaces or solar, in places and dates variable. This sale has to be approved by the ordinary.

Article 61 the Government Requirements determined by regulations the requirements and the conditions applicable to the various types of peddling sedentary or not.

Fifth section. Automatic sale Article 62 Concept 1. The automatic ticket is considered to be made by the buyer who has purchased the product or service through a machine ready to this end by introducing the amount required on the same machine.

2. The fact that the machine for the automatic sale is installed on the same commercial establishment of the seller, not depriving the sale made through the same machine the consideration of auto sales, and will apply the provisions contained in this section.

Article 63 Authorizations 1. In any case, the machines for the automatic sale must comply with the requirements provided for by the current legislation on industrial safety.

2. The installation of machines for the automatic sale must be pre-authorised by the common of the parish when installed in public spaces.

3. The installation of machines for performing local or private spaces in automatic ticket requires the administrative authorisations required previous.

Article 64 Requirements 1. For the automatic sale, on all the machines there are listed with the following information: a) identity and registration data in the register of Commerce and industry of the offeror and the corresponding authorization.

b Declaration of conformity CE) of the machine.

c) product that is offered.

d) total price that must be paid.

e) indication of whether the machine is back, change the type of fractional currency with what works and the means of payment accepted.

f) Instructions for the product.

g) address and telephone number where you have to meet the claims.

h) legal notices.

2. All the machines for the automatic sale must have an automatic system that allows the buyer to recover the sum you have entered in cases of error, their lack of product, incorrect operation or of sufficient information that enables the consumer to make a claim.

Article 65 Responsibility 1. In general, compliance with the obligations arising from the sale of the machine holder responds automatically, as long as it is identified and who is authorized to carry out the activity in the Principality of Andorra.

2. In the event that the owner of the machine is identified or is not authorized to carry out the activity in the Principality of Andorra, the owner of the establishment responds to the role buyer compliance with the obligations arising from the sale automatically.

The sixth section. Home for sale home for sale is considered Article 66 the Concept that takes place at the buyer's domicile or residence, in entertainment venues or meeting or in your place of work.

67 article content and form The home sale should be formalised in writing in two copies, which must be dated and signed by the buyer's own hand. Once signed, you must deliver a copy to the buyer, together with the dropping of the document, which must contain information on the terms, the modalities and the effects of the exercise of the right of withdrawal in accordance with the provisions of articles 56 and 57.

Article 68 54 56 52 articles, Diet, 57, and 58 are applicable to the home sale to the extent that they are compatible with their nature.

Section seven. Sale at public auction Article 69 the concept 1. Is considered to be sale in public auction which takes place through a public and irrevocable offer of sale of a product for the purposes of the concession, through the tender system and within the deadline, the buyer who comes up with the best price in the course of a public session convened for this purpose. Is left out of this law the rules governing judicial and administrative auction.

2. The Government determines the regulatory requirements and the terms and conditions applicable to sales by public auction.

Eighth section. Outlets Article 70 Concept 1. The outlet in the sign of establishment, which can be used in permanent establishments exclusively dedicated to the specialized production surplus for sale or season, of stocks themselves or others.

2. The establishments dedicated exclusively to the sale of surplus production or peak season can offer all kinds of remains, as any other retail businesses, wholesale companies or directly from manufacturers, in addition to the information provided by the company itself.


3. The prices of the products offered in these establishments must be lower than the reference prices and can be successively reduced from the time it was put up for sale but cannot be increased again in any case.

4. In dedicated exclusively to the sale of surplus production or season cannot be sale in sales or marketing articles and products made expressly to be distributed in these establishments.

5. The outlet name cannot be used by any other establishment that does not comply with the requirements set forth in this article.

Third chapter. Promotional sales Section first. Concept and information Article 71 the concept 1. Promotional sales are sales made by retail traders to end users in which the supply of products or the provision of services in advantageous conditions that the usual and, in particular, the sale in sales, selling in liquidation, sale of assets and liabilities or remains, the sale and the sale of gift or promotion or discount offer.

2. The denominations indicated in the previous section to designate the type of promotional sales can only be used to advertise sales that meet the legal concept and conform to the regulation set out in this law, and is not allowed any other use outside of the purposes described in the previous section.

3. Any promotional sale, although it advertises with a different name, gather the characteristics of any of the regulated in this law, is understood to have assimilated to the same law and is subject to the corresponding regulation.

4. The products and services marketed by any type of promotional sales must have the same guarantees as are offered when you market without promotion.

Article 72 Information 1. Promotional sales ads should specify the duration and, when appropriate, the special rules that apply to you.

2. When the offer of promotional sales might not understand, at least, the half of the products put on sale, the type of sale in question can only be announced referring to the products affected.

3. always offered products with a price reduction, it must indicate clearly in each of these products and the previous price along with the reduced price. However, when you apply a percentage reduction of a series of articles, they can advertise without individually to each article contained generically.

4. For the purposes of the preceding paragraph, by previous price is understood to have the lowest price that has been applied on identical products continued for a period of at least thirty days in the course of the preceding six months.

5. the products that are the subject of a type of promotional sales must be clearly identified and advertised in such a way that they are differentiated from other products which may have arisen in the same establishment.

Second section. Sale on sale Article 73 Concept is considered to be sale in sale the sale in which the products sold are offered at a reduced price in respect of its previous price, in accordance with the provisions of paragraph 4 of article 72, and in the same establishment.

Article 74 1 Calendar. The Government may determine, with consultation of the sector involved, the timing of sales, which can be different during the year. In this case each trader can carry out sales within the periods established by the calendar.

2. If the Government does not determine the calendar each trader can carry out the sale in sales during the period that it considers appropriate.

Article 75 Information in advertisements about selling in sales, you should indicate the dates of commencement and completion of the sale in a place visible to the public, even when the establishment is closed.

Article 76 1. The products subject to the sale in sales should have included in the past, for a minimum period of one month, in the offer of sale of the property.

2. products may not be damaged or have been acquired in order to be sold at a price lower than the ordinary.

The third section. Article 77 settlement sale Concept is considered to be sale on clearance sale, with exceptional character and extintiva purposes of certain stock of products, is made in execution of a judicial or administrative decision, or carries out the same merchant or acquirer of your business in one of the following cases: a) total or partial Cessation of commercial activity.

b) change of commercial activity or business orientation.

c) change of commercial establishment or production of works at the same venue that force you to close it temporarily or definitively.

of) any event of force majeure which hinder the normal development of the commercial activity to specify by regulation.

Article 78 Duration 1. The maximum duration of the sale in payment cannot be more than three months, except in the case of total cessation of commercial activities, which can last up to six months.

2. In any case, selling in liquidation must cease from the moment disappears the cause that has motivated or when you actually go extinct the products subject to the same sale.

Article 79 information on announcements of the sale in liquidation must indicate the cause that motivates, in accordance with the provisions of article 77.

Article 80 Products selling in liquidation may only have to the products that were part of the previous stock of the commercial establishment a month before, without that can be purchased for this purpose.

Article 81 Reiteration in the cases provided for in the letters a) and b) of article 77, the seller may not, during the year following the completion of the sale in liquidation, exercise the trade of products identical or similar to those that have been the object of sale in settlement, and neither can make a new sale in liquidation in the same commercial establishment , except in cases in which they must be made on a judicial or administrative decision, or by total cessation activities or by force majeure.

Section four. Sale of assets and liabilities or of Article 82 Concept considers sale of assets and liabilities or of selling that aims to products at a price lower than the market value, breathing as a result of his deterioration, damage, disuse, obsolescence, current loss or any other circumstance that affects its nature or utility.

83 article Information


The sale of assets and liabilities or of remains has announced necessarily with one of these names, and when I have to products damaged or defective it must be this accurate and ostensible. The commercial establishments are devoted exclusively to this type of sale should indicate this clearly on the outside of the trade.

Article 84 the products the products object of sale of assets and liabilities or the remains should not lead to any risk or deceit for the buyer, you have to really sell for a price lower than market and have to be part of the previous stock of the commercial establishment four months before the start of the sale, except, in the latter case, the commercial establishments are devoted exclusively to this type of sale.

Fifth section. Sale gift Article 85 Concept is considered to be sale gift sale in which used contests, sweepstakes, giveaways, coupons, prizes or similar, related to the offer, promotion or sale of certain products.

Article 86 the delivery The goods or services in which consist the gift must be delivered to the buyer within a maximum period of three months counted from the time the buyer meet the requirements.

Article 87 1 Requirements. The price and the quality of the products object of the sale gift may not be subject to any variation during the period fixed for the sale.

2. Stocks to cope with the delivery of gifts and the rules that govern the competition, prize draw or similar should be indicated on the packaging or in the product packaging or disclose themselves sufficiently.

3. The communication to one or more people who have been lucky with a prize or gift must warn that the delivery of this gift is not subject to the purchase of any product or service.

The sixth section. Sale or promotion on offer or discount Article 88 Concept is considered promotional or discount offer for sale or the sale of products for a lower price or more favorable terms and conditions than usual in order to make a new product, increased sales of existing products or develop one or more commercial establishments.

89 article information to the commercial establishment have been announced with clarity and in a visible place for the public the products object of the sale or discount offer or promotion, the duration of the promotion and sale of the special rules that apply.

Article 90 the products the products object of sale or promotion or discount offer cannot be damaged or be of lower quality than the same products that are the subject of a future supply of ordinary sales at normal price.

The fourth chapter. Sales prohibited Article 91 Prohibition 1. Pyramid chain or sales are not allowed nor sales below cost or below the purchase price, regulated by the legislation on competition.

2. By exception, will allow the sales below cost, or below the purchase price, in the case of sale of balances or sales and remains in liquidation or if the products are on sale and the sale of perishable takes place in the dates next to its usability.

Title IV. Guarantees in the sale of products, inspection and control chapter. Responsibilities Article 92 the responsibility of seller dealer 1. The merchant seller must deliver to the buyer the product stipulated in the sale and is in front of him for any lack of conformity which present the product.

2. Liability for lack of conformity of the delivered product becomes effective under the terms of the legislation in the field of consumer protection.

Second chapter. Commercial guarantee Article 93 Concept 1. In accordance with the legislation on consumer protection is considered commercial guarantee the commitment assumed by the seller, manufacturer or importer of a product with respect to reimburse the buyer in the price paid for the product, replace it, repair it or deal with it in any other way in the event that it is not in accordance with the conditions mentioned in the document or in the relevant advertising.

2. The commercial guarantee you can pay for and can offer terms less than the legally stipulated.

Third chapter. Inspection and control Article 94 Competition corresponds to the Government, through the Ministry responsible for trade, the role of inspection to ensure compliance with this law and the regulations that develop it.

Article 95 trade Inspectors 1. Trade inspectors are officials attached to the Ministry responsible for trade which have the right of inspection, they are provided the documentation certifying their status and they have to put on when to act.

2. In the exercise of the right of inspection, the inspectors are trading be considered agents of the public authority to all intents and purposes, they may request the cooperation of the police or any other authority, and are required to comply with the duty of professional secrecy.

3. In the exercise of the right of inspection, the inspectors are trading powers to gain access to commercial establishments and examine, for the purposes set out in this law, facilities, documentation, books and records required that the person responsible for the establishment will have the obligation to deliver them within a period that the inspectors determined.

Article 96, physical or legal persons Obligations, owners of establishments and commercial activities are required to facilitate the actions inspectores and to supply all the data and information that the inspectors of the trade request in the framework of this law and of its powers.

Article 97 Minutes of inspection 1. At each visit of inspection, the inspectors have to lift trade reports on the results and the corresponding facts making it appear the personal circumstances of the person inspected and their observations, the identification of the inspector acting, the date and time of the visit, data relating to the property inspected, the facts that, in his case, will serve as the basis for the disciplinary procedure and any other circumstances that may be relevant.

2. The record must be signed by acting trade inspector and the person responsible for the trade, inspected or their representative or any of its employees. The signing of the deed has effect of notification but not their acceptance of its content. The inspection right adjusted to give faith and are equipped with the presumption of certainty, in administrative, of workplaces, unless proof to the contrary.


Title v. infractions and sanctions chapter. General provisions Article 98 Concept 1. Are administrative violations in the field of commercial activities the actions or omissions of the authors classified and subject to fines in this law.

2. The offences cannot be the object of a sanction without prior instruction of the corresponding administrative procedure by the competent Ministry in the area of trade, without prejudice to the responsibilities of another kind that may attend.

3. Infringements will qualify in minor, serious and very serious in accordance with the provisions of this law.

99 article authors and responsible for 1. Are the authors and those responsible for the infringement are you incur in the actions and omissions classified as an offence in this law and, in particular, persons, physical or juridical, subject to the scope of application of this law in accordance with article 2.

2. Are responsible for the infringement are those who have positions of Directors, management or direction of transgressive institutions. Will also be responsible for the people who are effective headlines to a participation that will allow them to exercise a significant influence and determining on violators, as long as the illegal use is attributable to their fraudulent conduct or negligent.

Article 100 concurrent sanctions 1. When an action or omission is sanctioned by the penal provision and a provision that establishes an administrative sanction and, in addition, there is a penal process in progress, be suspended the processing of administrative procedure until a firm judgement handed down in criminal or files or sobresegui the cause.

2. In case there is a plurality of provisions that establish a plurality of administrative sanctions, applies the special provision.

Article 101 Prescription 1. In the field of commercial activities referred to in this law, the very serious offences prescribed in three years; the serious offences, at the end of two years; and the minor offences, after a year.

2. The term of prescription of infringements will start to be counted from the date on which they were committed. In the violations arising out of an ongoing activity, the start date of the calculation is that of the end of the activity or the last act which completes the infringement.

3. The prescription is interrupted by the home, known as the expedientat, the sanctioning procedure, and the term returns to run if the file is paralysed for more than two months for a cause not attributable to those against the performance of which will run.

Second chapter. Very serious Offences Constitute offences very serious offences Article 102: a) Exercise commercial activities without having requested the administrative authorization from the Government.

b) Exercise the trade on their own behalf but on behalf of another person, natural or legal, who by law cannot exercise it.

c) Exercise the trade in a place or an object, or trade name other than those that have been authorised or by a natural or legal person other than the holder of the authorization.

d) falsehood or lack of accuracy of the reports and certificates proving the fulfilment of the conditions and technical requirements, General and sectorial, that requires legislation.

e) Require higher prices set by the Government in accordance with the provisions of the article 46.2.

f) perform any act of infiltration of business.

g) carry out any type of special sales without having the prior administrative authorization from the Government or from the common, in accordance with the provisions of article 50.

h) do any of the prohibited sales, in accordance with the provisions of article 91.

and unidentifiable, fraudulent, counterfeit products being sold) or that fail to comply with the requirements demanded to be traded.

j) to resist, refuse or obstruct the actions of trade inspectors in the exercise of its functions.

k) two or more serious offences Committed simultaneously.

Article 103 serious Violations Constitute serious offences: in) do any of the types of special sales or promotional sales in breach of the requirements or with the obligations laid down in this law for each of the type of sale.

b) Do outdoor advertising without having the prior administrative authorization from the Government or from the common, in accordance with the provisions of article 42, or infringing the prohibition set out in article 40.

c) Install machines for the automatic sale without authorization.

d) Infringe the duty of communication of the dates during which is projected to do any kind of promotional sale established in article 75.

e) present a responsible Declaration without have the reports and certificates proving the fulfilment of the conditions and technical requirements, General and sectorial.

h) mild infractions committed by two or more simultaneously.

Article 104 minor Infractions Are minor violations are breaches of other obligations or prohibitions laid down in this law that does not constitute a serious violation or very serious in accordance with the provisions of the preceding two articles.

Third chapter. 105 Article sanctions to impose sanctions The competent bodies to solve the sanctioning procedure and to impose appropriate sanctions are the Ministers responsible for trade in the minor and serious offences and the Government in the case of very serious offences and all that involve the closure of the establishment or the temporary suspension of commercial activities.

Article 106 precautionary measures 1. The competent body for the opening of the sanctioning procedure can order, at any time, by means of a grounded decision and with the prior audience granted to the person concerned, the cessation of the activity that may be constitutive of infringement and the adoption of appropriate precautionary measures, provided that there are serious circumstances that affect the security of people or goods, entailing a serious prejudice or manifesto of difficult repair , or that is necessary to ensure the effectiveness of the resolution that might fall.

2. When a natural or legal person may be responsible for their conduct constitutes an infringement of our profession and resides in the Principality of Andorra, the Administration will require a deposit of an amount equivalent to the proposed maximum penalties to ensure the payment. In case of not being able to deal with the deposit mentioned, the Administration proceeds to the immobilisation of vehicles, machinery and other goods related to the development of offender activity.

Article 107 penalties Classes


1. take the following pecuniary penalties: a very serious offences) will punish with a fine of 60,000 Euro 6,001 euros.

b) serious offences will punish with a fine of € 1,201 to 6,000 euros.

c) minor offences will punish with a fine of up to 1,200 euros.

2. The sanctions indicated in paragraph 1 may be increased to a maximum of three times the profit obtained as a result of acts or omissions punishable, taking into account the criteria of graduation established by article 109.

3. the Commission of a serious or very serious violation may also lead to, regardless of any previous sanctions, the imposition of the ultimate sanction of closure of the commercial establishment, with revocation of the authorization, or the suspension of the commercial activity for a maximum period of three years.

4. In all cases, when the offence committed is by the shape of the commercial activity is carried out or for the products marketed, the sanctions imposed entail the confiscation and the loss of the products object of the business activity in question.

5. The non-compliance of the requirements established by this Act relating to signs and in the language of the trade names and emblems of establishment implies the obligation to withdraw from the public, within a maximum period of fifteen days, with costs payable by the offender, all physical media on which to reproduce the signs that do not meet these requirements.

Article 108 Recidivism there are recidivism when it commits an infringement of the same type and rating that that led to a penalty earlier in the term of 365 days following the notification of this first; in this case, it is necessary that the sanctions resolution has gained strength.

Article 109 graduation Criteria of sanctions 1. To determine the amount of the sanctions on their degrees minimum, medium and maximum graduation criteria are taken into account the following: a) the significance of the infringement.

b) the risk to health.

c) the situation of predominance of the offender in the market.

d) the amount of the benefit obtained.

e) the nature of the harm caused.

f) the degree of intentionality.

g) The economic capacity of the offender.

h) The period of time during which the infringement has been committed.

and the generalisation of the infringement).

j) recidivism.

2. The infringements consisting of the continuing persistence of the Commission or of the default will penalize in the highest degree of the corresponding qualification.

Repealing provision 1. Abolishes all provisions of equal or lower rank that conflict with the provisions of this law.

2. In particular are repealed: the Decree approved by the m. i. General Council on 10 October 1981 concerning the authorisation to exercise of any commercial or industrial activity; the law on trade names, product names and emblems of establishment of 20 June 1996; article 3 of law 93/2010, of December 16, of measures for the promotion of economic and social activity of rationalization and optimization of the resources of the Administration; and the limitation of 200 m2 open to the public from commercial establishments to which applies the simplified procedure set out in paragraph 3 of article 29 of law 93/2010, of December 16, of measures for the promotion of the economic and social activity, and of rationalization and optimization of the resources of the administration.

First final provision modifies the terms of paragraph 5 of article 4 of the law 7/2011, from 12 August, to amend the Law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade, which is worded as follows: "5. The establishments defined as convenience stores of gas station and tourist trade in the letters c) and d) of article 1 are exempt from compliance with the provisions of paragraphs 1, 2 and 3 above. "

Second final provision modifies the article 3 of the law on the register of holders of economic activities, of 20 December 1995, which is worded as follows: "Article 3. Obligation of registration 1. It is compulsory the registration in the register of companies of all the companies in accordance with the regulations applicable to companies. Once registered the company in the register of Companies, the Department in charge of Commerce, part of the company's Office in the register of holders of economic activities.

The cancellation of a company in the register of holders of economic activities takes place when you register the dissolution of the company in the register of Companies in accordance with the regulations applicable to companies.

2. Is compulsory the registration in the register of Commerce and industry of each and every one of the premises in which they made manufacturing activities, import, export, purchase, sale, transport, transformation, leasing, provision of services and, in general, any business matters in the Andorran territory.

It is understood by local buildings, the buildings, the facilities, the surfaces covered or uncovered, or not open to the public, which are used to carry out the activities mentioned above.

The activity must be manifest by the inscription in the register of Commerce and industry in accordance with the regulations in force in the field of Commerce. Once registered the business in the register of Commerce and industry, the Department in charge of trade, the register ex officio in the register of holders of economic activities.

The cancellation of a business in the register of holders of economic activities takes place when you register the final cessation of the activity in the registry of Commerce and industry in accordance with the available trade regulations in force.

3. Is compulsory registration in the register of persons authorized to exercise Liberal Professions of all those individuals who exercise an activity for which must apply for a permit at the Department in charge of administrative work. The Department in charge of work relayed the high of trade. "

Third final provision the Government must approve the regulations of development of this law within a maximum period of six months from its entry into force.

The fourth final provision this law shall enter into force the day after being published in the official bulletin of the Principality of Andorra.

Casa de la Vall, June 13, 2013 Vicenç Mateu Zamora Syndic General


We the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of AndorraLlei 12/2013, of the 13th of June, of the trade.

Since the General Council at its session of 13 June 2013 has approved the following: law 12/2013, of June 13, the Trade Index preamble title I General provisions chapter. Purpose and scope of application the second Chapter. Trade or business activity Chapter third. Commercial establishments Chapter fourth. Procedures for authorisation and to amend Chapter five. Low activity, out-of-business and cancellation of Chapter six. Register of Commerce and industry Chapter seven. Fight against the infiltration eighth Chapter. Trade names and emblems of establishments Section first. Definitions section two. Commercial name third Section. Sign of establishment section four. The holder of an earlier right: compensation for damages the ninth Chapter. Commercial activity in franchising Title II. Outdoor commercial advertising, schedules and rates chapter. Outdoor commercial advertising second chapter. Business opening hours the third Chapter. Title III Prices. Specific types of sale chapter. General layout second chapter. Special Sales Section first. Concept and authorization section second. Distance selling third Section. Electronic commerce section four. Hawking sedentary or not fifth Section. Sixth Section automatic ticket. Home sale Section seven. Sale at public auction Section eighth. Third Chapter outlets. Promotional sales Section first. Concept and information section second. Sale on sale third Section. Clearance sale section four. Sale of assets and liabilities or fifth Section remains. Sale gift Section sixth. Sale or promotion or discount offer in the fourth Chapter. Prohibited sales title IV. Guarantees in the sale of products, inspection and control chapter. Second chapter responsibilities. Commercial guarantee third Chapter. Inspection and control Title v. infractions and sanctions chapter. General provisions Chapter second. Third Chapter offences. Repealing sanctions end Disposicións preamble the commercial activity has been and is important in the development of the Andorran economy since the second half of the 20th century.

The commercial demand has undergone major changes in recent times and has led to the modification of the traditional scene of the Andorran trade. To adapt, the sector is developing a great process of transformation, with the emergence of new commercial formats adapted to new consumer trends and new technologies. This evolution is necessary to search for a balance between liberalisation, survival of the economic fabric and harmonious urban development.

A modern commercial activity should know to combine all of their players: the dealer salesperson, you must offer the best service and products; the buyer, you deserve to have the best service and product; and the worker employed in the commercial sector, which must have the training and the willingness to sell the best product with the best service.

At the same time the trade legislation should be placed in the legal framework established in the Constitution specifying the principles of freedom of enterprise in the framework of the market economy, with freedom and defence of the rights of consumers.

The law establishes the substantive scheme for the exercise of the trade, the administrative regulation of commercial activities and the discipline of the new specific types of sale. It is divided into five titles, twenty-two chapters, one hundred new articles, a repealing provision and four final provisions.

The title and make up new chapters and thirty-eight articles and contains general provisions relating to the object and in the field of subjective application of the law; in the setting of the concepts of trade and commercial activity, the target field delimiters; the second chapter establishes the substantive requirements for the exercise of the trade, for both locals and foreigners, which expressly prohibits the exercise of trade on their own behalf but on behalf of another who by law cannot exercise it. The third chapter defines the concept of commercial establishment, both individual and collective, and the fourth chapter of the administrative authorization for the exercise of trade and the opening of commercial establishments, which simplifies existing procedures in innovative ways, and introduces the procedures of communication and responsible Declaration. It establishes also an authorisation subject to compliance with the special requirements for large commercial establishments. The sixth chapter contains the regime applicable to the registry of Commerce and industry, where they have to register ex officio all people, and individuals, which, with the prior administrative authorisation, carry out trade in the Principality. In the context of the transparency necessary for the fulfilment of international commitments undertaken by Andorra are recommended normal formulas of advertising from the registry. It distinguishes well between the mere consultation, carried out by any person and the application for certification, that is already a different procedure. The seventh chapter regulates the fight against the infiltration of business. The eighth chapter incorporates the regulations relating to trade names and emblems of establishment that until now was regulated by a specific law, flexibilitzant the requirements for authorisation of trade names. Finally, the ninth chapter of this title and regulates the General principles of the commercial activity in franchising.

The title II comes in three chapters of outdoor commercial advertisement, opening hours and prices. The chapter first sets with four articles the general regulation of outdoor advertising, which by reason of the areas which will be obliged to fasten it to a prior administrative authorisation to ensure the prevalence of the general interest on private and individuals of all economic activity. The second chapter of this title made a referral to the legislation on shopping hours to regulate this matter and the third chapter sets in two articles the price regime, in declaring the principle of freedom of fixing have the traders, it sets the corresponding exceptions and establishes the obligation to inform the public.


Title III, composed of four chapters, fourteen sections and forty-four papers, is entirely dedicated to establishing the administrative regulation and the legal material of specific types of sale. The aims objectives are diverse, but mainly focus on two. First, ensure the clarity and transparency of the characteristics that define each of the various types of regulated sales, to promote fair competition in the market; and secondly, to establish the substantive discipline of some type of sale that the final consumers in a position that requires fixing devices to restore the balance between the parties.

The title IV, with three chapters and six articles, establishes, in general, the responsibility of the retail traders, consumer rights and the so-called commercial guarantee, by sending them to the specific regulation, legislation in the area of competition and consumer protection. The principles established by this law have their origin, in the same way that the substantive scheme of specific types of sale, in the rules of the European Union and, therefore, in all of its Member States. The Principality is not obliged to transpose its legislation this regulation but the option to do so seems appropriate both for the reasons that the warrant as to the same national trade competitiveness. The third chapter of this title establishes the regime of inspection and control of establishments and commercial activities in four articles, and highlights the determination of jurisdiction with respect to the inspection authority and the powers that are given to trade inspectors for this purpose.

Title V, consisting of three chapters and twelve articles, determine the discipline of infringements and sanctions in the area of trade, in accordance with the principle of proper provision of administrative law sanctioning. In this sense, determine the figures of the authors and those responsible for the violations. The infractions are sorted into three categories: minor, serious and very serious. Finally, after establishing the competition regarding sanctioning, establish precautionary measures to be adopted for the processing of disciplinary and lists the kinds of sanctions to both the main taxable as such.

Title i. General provisions chapter. Purpose and scope of application Article 1 Purpose the purpose of this law is to establish the scheme for the exercise of trade and its administrative regulation, and also regulate certain specific types of sale in order to sort the sector and improve its structure.

Article 2 Scope 1. Are subject to this law the natural or legal persons, public or private, that exercised the usual form of trade.

2. For the purposes of this law, it is understood that there are habitualitat when the trading activity is carried out through permanent establishment, advertising or other elements which demonstrate the continued nature of the activity.

3. The provisions of title I of this law, in all that is not expressly modified by their specific legislation, also applies to persons, natural or legal, who carry out industrial activities or provision of services.

Second chapter. Trade or business activity Article 3 Concepts 1. Is considered to be trade or commercial activity, for the purposes of this Act, the activity consisting in place or to offer the market products, natural or manufactured, in order to place them at the disposal of consumers or other traders or entrepreneurs.

2. Considers trade or retail commercial activity or the retailer that has as its destination the final consumer; and the trade or business activity in bulk or the wholesaler whose recipients other traders or entrepreneurs who are not end users.

3. The public offer of sale or the exhibition of items in shops carries with it the obligation to sell the property name to consumers who request it and who fulfil the conditions for the acquisition, to the extent that they do not have exhausted the stock or the media. Are excepted from this obligation the products or services about which expressly warns that are outside of sale or as part of the installation or decorated.

4. service is considered any other economic activity normally provided for remuneration.

5. industrial activity is considered to be the economic activity consisting of the use and processing of raw materials and sources of energy for the manufacture of semi-finished products intended for the manufacture of other products or products intended for consumption.

Article 4 legal framework for the exercise of the trade or of any commercial activity is based on the freedom of enterprise and has been developed within the framework of the market economy and the principle of the defence of the interests of consumers and users, in accordance with articles 28, 32 and 35 of the Constitution.

Article 5 Authorisation 1. To exercise the trade, or any commercial activity, any natural or legal person must obtain the relevant previous administrative authorizations in accordance with the procedures regulated in this law.

2. The exercise of the business activity has been set on the object, the place and the trade name authorised and should be made by the holder of the authorization.

Article 6 Capacity 1. May exercise the trade: a) The people of legal age, Andorran nationality, who have full capacity to act and which are not affected by a legal ban.

b) minors and persons exempted from that through their legal representatives can continue to trade that have exercised their rights.

c) legal persons of Andorran nationality.

d) branches of foreign companies and other types of permanent establishments in accordance with the legislation on limited companies and limited liability and on foreign investment.

e) people of legal age, foreign nationals, who have full capacity to act, that are not affected by a legal prohibition and who reside in Andorra as holders of an authorization to reside and work in the country, delivered by the competent Ministry, excluding the temporary authorizations are not extendable.


2. Legal persons formed abroad may exercise the trade through the establishment of a branch or other type of permanent establishments, in the terms established in the current regulations in the area of commercial companies and in terms of foreign investment in the Principality of Andorra. They can also carry out the commercial activity when they have been awarded concessions or contracts with public authorities, parapublic entities or public law, in accordance with the regulations in force in the field of public procurement, and always within the framework foreseen in the concession contract or title indicated.

3. If the provisions in force require a professional rating exercise an activity, applicants must prove that they are the holders.

4. In the event that the professional services are provided by a company, enabling the required professional must have, at a minimum, an individual who is a member of the Committee of Directors, or the director or the Manager of the company. All works that are carried out within the scope of the activity must be conducted and signed by this person that will consist in the registry of Commerce and industry in charge of the activity.

Article 7 Prohibition 1. Cannot exercise the trade on their own behalf but on behalf of another person, natural or legal, who by law cannot exercise it.

2. The persons, physical or juridical, for which another person, or company, exerts the trade on their own behalf, respond in solidarity with the latter of the debts that have arisen.

Article 8 Requirements 1. People, natural or legal, who want to exercise the trade must meet the following requirements: a) to request the opening of the commercial establishment and the exercise of commercial activities or, where appropriate, their modification, in accordance with the procedures provided in this law and the regulations that develop it.

b) Be registered in the registry of Commerce and industry and display the registration certificate at the request of the consumer, of trade inspectors or of the governing skills.

c) satisfy the taxes established by the public authorities to exercise the trade, or providing the services.

d) meet the requirements that established the State provisions for every kind of commercial activity or of provision of services.

e) fulfil the requirements established by the specific provisions that are applicable to national products and to services marketed.

2. Regulations may require certain conditions, skills or specific qualifications to exercise commercial activities requiring a particular knowledge or by reason of the nature of the product or service or for reasons of general interest.

Third chapter. Commercial establishments are considered establishments, commercial Concept Article 9 for the purposes of the provisions in this law, the premises and facilities, covered or uncovered, open to the public who are on the outside or on the inside of a building where the trade or will provide the services.

Article 10 collective Establishments 1. Commercial establishments can be individual or collective. The collective character are integrated to a set of individual business establishments, duly authorized and in one or several buildings, connected or not with each other, in which commercial activities are carried out independently and their respective which have certain elements of common management.

2. The Government regulates the regime in which they can exercise the trade and commercial activity simultaneously in collective establishments.

Article 11 Large establishments are considered large commercial establishments are collective or individual business establishments intended for the retail trade of any kind of products that have a sales area greater than or equal to 2,500 square meters (m²).

The fourth chapter. Procedures for authorisation and to amend Article 12 Responsibilities 1. Corresponds to the Ministry responsible for trade authorized the opening of commercial establishments and the exercise of commercial activities and its modification, and sort the entry in the register of Commerce and industry, after they have obtained the appropriate and communal authorization.

2. The Minister responsible for trade grants the authorization if the documentation attached to the application form provides compliance with the requirements established in this law and the sectoral regulations that apply.

Article 13 Requests 1. Permits are given to the initiative of the person concerned with the presentation of the corresponding application, in which they have to contain the data that are established by regulation.

2. The applications must write in Catalan, in accordance with the models established in each case the competent administration, and can be processed using electronic systems.

Article 14 administrative procedures 1. Establish the following administrative procedures according to the activities that are developed and their characteristics, in accordance with the following criteria: a) communication: simple procedure of notification to the administration of the modification of some of the elements of the business or commercial establishment that are determined by regulation.

If the procedure is inappropriate by reason of the type, circumstances of the modification or for the inaccuracy or falsity of his/her data, the Administration does not support communication and indicates to the person concerned the procedure you must follow.

The communication procedure ends with the registration of the amendment in the register of Commerce and industry, without which this is associated with resolution on the part of the administration. However, those interested may, at any time, request the certificate of inscription in the registry of the communication issued.

b) responsible Declaration: simplified procedure for authorisation applicable to those economic activities that, by its object, or area of operation open to the public, are reasonably a risk to people, property and the environment.

The interested party must submit a statement whereby the applicant and fulfill the technical requirements, General and sectorial, established by the regulations in force and the commitment to meet them for the entire duration of the authorisation.


Accepted for processing the request, the communal Administration, both as general, you have to solve motivadament in the period of one month, unless the Government decides to extend the decision by reason of the instruction file. In any case, the extension may not exceed half of the initial term.

After the deadline of resolution previously indicated, including the extension, without it has adopted a resolution, the authorization is understood to have granted and the Administration has to deliver the resolution and the certificate of inscription in the registry of Commerce and industry.

Once the application is accepted, the applicant can start the activity without prejudice to the subsequent controls can make the competent bodies of the administration.

In the event that the Administration deny the request or agrees to suspend the simplified procedure and initiate the ordinary procedure, the applicant has to suspend the activity from the notification until the final resolution of the case handled by the ordinary procedure.

c) ordinary procedure: the procedure applicable to requests for commercial activities that may not be welcome to the diets of communication or responsible Declaration and are subject, prior to the start of the activity, to the verification of all the technical and administrative conditions on the part of the competent services of the administration or of the governing bodies and companies in which the delegated Administration. In this case you must also, if applicable, prior to the authorization and the beginning of the activities, reports and certificates provided for in article 15.

2. The Government establishes by regulation activities and establishments that can accommodate to the procedures defined in this article and the requirements and conditions that must be accredited.

Article 15 complementary documentation 1. With the request for authorization of business activities that will be processed by the ordinary procedure the applicant must submit, prior to the authorization of the activity, the reports and technical certificates and vouchers evidencing that both the commercial activity or of provision of services, such as the commercial establishment where you will want to do, meet the conditions and technical requirements established by the regulations in force.

2. In the event that the location of the commercial establishment significantly affects mobility, public safety or the environment, the Government must ask the applicant to submit an impact study and a plan of accessibility referred to vehicles, people, parking and loading and unloading areas, to ensure the safety of pedestrians and users and a reasonable level of involvement of the traffic.

3. the documents mentioned in the previous sections have to be issued by authorized entities, companies or technical and/or accredited by the Government.

4. In any case, when it is necessary to have an authorization for the exercise of a profession, you must comply with the requirements established by its sectoral legislation.

5. The Government develops to regulation this article.

Article 16 the competent services of the Government Inspections have ex officio or at the request of the practice of the inspections and verifications necessary to check the compliance with the law.

Article 17 prior authorization of large establishments 1. The opening and the modification of the surface or the activity of large commercial establishments are subject, in addition to the contribution of the documents provided for in article 13, in the previous assessment, based on criteria of general interest, of: a) the conditions of accessibility, circulation and mobility that contains the project.

b) commercial features of the project, the creation of jobs and the effects on the economic development of the sector.

c) The protection of the environment and the urban environment, within the framework of the applicable regulations.

You will have to prove that the commercial establishment has a number of parking places set in the respective performance units provided to management plans and urban development of the parish of its location, and in the case of non-existence of specific regulation, which will meet the minimum standards established in the regulations in force in the field of urban planning.

2. With the application for prior authorisation the applicant must submit to the Government the project, you will have to attach reports that evaluate the criteria mentioned in the first section. The Ministry responsible for trade will have to elaborate a non-binding report evaluating the requirements mentioned in this article and the Government, within the deadlines established by the code of the Administration, will grant or will reject a previous authorisation from Grand Hotel.

3. In case of delivering the authorisation of large property, the interested party must apply for the appropriate administrative requests before the general administration and communal.

Article 18 amendment of the ownership of a business in the event of death of the owner In the event of death of the owner of a business are his successors should be requested in the registry of Commerce and industry changes in the ownership of the business within a year. After this period, the Government, upon instruction from administrative records with audience of any person interested, may urge, ex officio, the low or, in case it is justified, the adequacy of the ownership of the business.

Chapter five. Low activity, out-of-business Termination and deletion of Article 19 1. The owner of a business must apply for the low in the registry of Commerce and industry when cease in the exercise of the activity.

2. The processing of the registration of the cessation of the activity is regulated by regulation.

Article 20 Procedure of the cessation of the activity at the request of the owner of the property 1. When the holder is not part of the final cessation of the activity in the registry of Commerce and industry, the owner of the building where is located the establishment can urge the cessation of the activity in the commercial address authorized, providing the following documentation: a) Document proving ownership of the property or title enough that qualifies for the premises for lease.

b) copy of the lease of the premises subscribed with the lessee.

c) Document stating that it has resolved the tenancy agreement.

d) in the event that the business has been given low common, low resolution original agreed by the local Corporation or a certificate that proves it.


2. On receipt of the request by the administrative organ in the manner established by regulation, the incoa record of cancellation and, upon inspection of business premises to ascertain the condition of the premises and a procedure of public information so that anyone interested can contribute what they deemed appropriate within a period of no less than ten working days, resolves the request and in your case, proceed to the final cessation of the activity in the registry of Commerce and industry.

Article 21 registration of trade of the cessation of the activity of the public administration can urge, ex officio, of a business in the registry of Commerce and industry when that has no activity, subject to inspection of business premises to ascertain the condition of the premises and a procedure of public information so that anyone interested can contribute what they deemed appropriate within a period of no less than ten working days.

Article 22 registration Effects of registration of the cessation of the activity 1. With the cessation of the ultimate activity of a business in the registry of Commerce and industry, the existing relationship between the authorized business and the property where this business developed the activity.

2. The registration of the final cessation of the activity in the registry of Commerce and industry involves the cancellation of the business, provided that there are no judicial measures that prevent it.

Article 23 tax obligations with cancellation of a business in the registry of Commerce and industry does not exempt the holder of the payment of the tax obligations that are waiting to liquidate up to the cancellation, in accordance with the provisions of the current regulations.

Chapter six. Register of Commerce and industry Article 24 subject-matter 1. The registry of Commerce and industry attached to the Ministry responsible for trade aims to register people, and individuals, that have or wish to exercise the activities set out in article 2.

2. The regulations may create special sections included in the registry of Commerce and industry, depending on the nature of the business activities. The Government regulates the functioning of the register of Commerce and industry.

Article 25 registration of trade 1. The granting of the authorisation to open a commercial establishment or the exercise of the trade, regulated in articles 12 and 17, involves the registration of trade commerce and industry register of persons, natural or legal, authorised.

2. Are enrolled automatically in the registry of Commerce and industry the change or extension of activities and commercial name, the change of the holder, the transfer of the commercial establishment and the end of the exercise of the authorized activity.

Article 26 the registry of Commerce and Advertising industry is public. Advertising becomes effective by: a) The physical or electronic media consultation carried out by any person.

b) The certification of the content of the registration, issued by the competent body at the request of the person concerned.

Chapter seven. Fight against the infiltration Article 27 business Intrusion 1. For the purposes of this law shall be considered business Intrusion the realization of commercial, industrial or professional activities in the Principality of Andorra by a natural or legal person, resident or non-resident, without the appropriate permits.

2. It is considered also the business individuals and companies recruiting infiltration, residents or non-residents, to carry out, in the Principality of Andorra, commercial, industrial or professional activities without the appropriate permits.

3. The Government, by regulation, adopt appropriate measures and the necessary mechanisms in the field of prevention and fight against the infiltration of business.

Eighth chapter. Trade names and emblems of establishments Section first. Definitions Article 28 commercial name 1. A trade name is the sign which serves to identify a natural or legal person in the exercise of their commercial activity and that allows to distinguish it from other natural or legal persons that perform commercial activities identical or similar.

2. Any natural or legal person, in order to exercise a commercial activity within the Principality of Andorra, you must register your business name in the registry of Commerce and industry.

Article 29 establishment Sign Is a sign of establishment the sign which serves to identify a commercial establishment and to distinguish it from other commercial establishments.

Second section. Commercial name Article 30 Signs that may constitute a trade name 1. May constitute a trade name: a) the words.

b) names, last names or aliases of individuals or social denominations of legal persons as long as they belong to the holder of the trade name at the time of being registered in the registry of Commerce and industry of the Principality of Andorra. In the event that the commercial name will give the names, last name or company name will have to adapt to the new holder of the trade name.

c) numerical expressions, using or not parentheses and quotation marks and signs spellings.

d) the acronym.

e) the initials, in all or part of the commercial name.

f) All combination of the signs mentioned in subsections to) to c) of this section.

g) The names of fantasy that have relation with the activity of the business.

2. A sign cannot constitute a commercial name: a) if it is contrary to the law, public order or good customs.

b) if it is nature to mislead the public, particularly about the activity carried out under this trade name.

c) If you are lacking in distinctive character.

Article 31 previous Rights relating to a trade name cannot be adopted as a trade name, a sign identical or similar to: a) a trade name registered in the register of Commerce and industry of the Principality of Andorra or a company name as registered in the register of Companies of the Principality of Andorra.

b) a trade name registered in the Principality of Andorra not alien or a company name not registered in the Principality of Andorra, but it is sufficiently known or known by the public in the Principality of Andorra to create a risk of confusion.

c) a trademark in the Principality of Andorra if, in the view of the products or services for which the mark is registered and in view of the commercial activity to exercise under the trade name, you can create a risk of confusion in the public mind or can cause a prejudice to the owner of this trademark.

Article 32 language of trade names registered


A commercial name can only be registered in the registry of Commerce and industry of the Principality of Andorra if it is constituted by: a) Words, including personal names, of the Catalan language.

b) words formed by letters of the alphabet Catalan.

c) the first and last names that correspond to the individual who is identified in the exercise of their activity to the trade name.

d) Roman numerals or Arabic numerals.

e) Toponyms.

f) words that form part of the name of the legal entity identified in the exercise of their commercial activity to this commercial name.

g) all combination of the signs mentioned in the previous sections of this article.

Article 33 nullity of the registration of a trade name 1. Any decision of the register of Commerce and industry of registration of a trade name may not be flown via administrative courts. Every person that justify a legitimate interest has direct access to the Court and can request the nullity of the registration in accordance with the provisions of this law.

2. The judicial authority, at the request of any person to justify a legitimate interest, you can declare a trade name registration in the event that this does not comply with any of the conditions set out in this law.

3. The judicial authority, at the request of the holder of an earlier right, you can declare a register of commercial name that hurt one of these rights.

4. All commercial name registration declared null is considered void and of no effect from their date of registration.

5. When the Declaration of nullity of the registration of a trade name has become short, the judicial authority notify their decision to the registry of Commerce and industry, that part of this decision with the indication that this trade name registration is null and without effect from their date of registration.

The third section. Sign of establishment Article 34 Signs that may constitute a sign of establishment 1. May constitute the sign of establishment: a) The corporate name registered in the Principality of Andorra of the society that occupies the property.

b) the trade name registered in the Principality of Andorra of the natural or legal person who carries out its commercial activity on the property.

c) the brand name of a product or service when the activity of the establishment is primarily related to this product or service, and provided that this use of the brand is made in accordance with the provisions established by the regulations in force.

d) All combination of the signs set out in subsections to) to c) of this section.

2. The signs set out in paragraph 1 of this article may be accompanied by: a) Words or expressions in the Catalan language that refer to the activity carried out in the establishment.

b) two-dimensional Figurative Elements or three-dimensional.

c) Indications concerning the address of the establishment.

3. The signs set out in paragraph 2 of this article may not be of a nature to create a confusion with the commercial premises, products, services or commercial activity of a third party.

Section four. The holder of an earlier right: compensation for damages Article 35 right to strike up an action even though the owner of one of the aforementioned rights set out in the previous articles, you can strike up to the judicial authorities in a civil or criminal action against any person who harms their rights.

Article 36 Compensation of damages 1. Of injury to one of the aforementioned rights set out in the present chapter is responsible for its author, who is obliged to repair the damage caused to the holder of this right.

2. The judicial authority fixes the amount of the compensation for damages taking into account the losses suffered by the holder of the earlier right and the benefits obtained by the infringer of the rights because of this injury.

3. The judicial authority may condemn the author of the injury caused to the holder of the earlier right in what you pay to the latter the court costs, including the fees of counsel.

4. The judicial authority may order the publication of the decision in a national newspaper, by the author of the injury caused to the holder of the earlier right.

Chapter nine. Commercial activity in franchising Article 37 franchise Concept for the purposes of this law, it is understood as a franchise business by which a company called franchise, gives to another, called Tous franchiser, the right to exploit a brand or a business procedure, providing, in addition, technical assistance and services necessary to facilitate the operation, in Exchange for a direct or indirect financial consideration.

Article 38 Form 1. The granting of a franchise must be formalized by means of written contract which has to establish the rights and obligations of both parties.

2. The franchisor should be the holder, in Andorra, the title of ownership or license for use of the trademark or commercial proceedings, and if appropriate, shall inform the Tous franchiser any judicial resources brought that can affect the ownership or use of the trademark or commercial proceedings.

Title II. Outdoor commercial advertising, schedules and rates chapter. Outdoor commercial advertisement Article 39 concept is commercial advertising outside any form of communication made to a natural or legal person in the exercise of any business activity, with the purpose of promoting directly or indirectly the procurement of goods or services and that uses materials of various kinds likely to attract the attention of the people, who are in open spaces such as streets , squares, roads and, in general, in areas of general public use.

Article 40 Prohibition is not allowed commercial advertising outdoors in sustaining walls, walls or facades of barns and other agricultural buildings or listed property of cultural interest or inventoried property of historical, artistic or cultural interest.

Article 41 Is Without prejudice to the powers which may correspond to the Commons, the Government can regulate the areas in which they can perform advertising as well as the shape and features that can configure the various materials used to make the commercial advertising outdoors depending on the place where you want to make.

Article 42 advertising Licensing foreign trade requires the prior administrative authorization of corresponding to the area in which you want to make and of the Government in the sections of roads or other public channels of communication competence.

Second chapter. Business opening hours Article 43 Regulation


The times of opening and closing of the commercial establishments are regulated by their specific legislation.

Article 44 Goal within the framework of the regulation set out in the law, each merchant sets freely opening and closing hours of your commercial establishment, and also the days during which to unfold its activity.

Article 45 Publicity In all commercial establishments must include the information about the opening hours and days of opening and closing in a location visible from the outside, even when the establishment is closed.

Third chapter. 46 Article prices price Freedom 1. In general, traders or suppliers freely selling prices of products and the provision of services to the public, in accordance with the provisions of article 4.

2. However, the Government can be fixed, with the audience of the sectors affected, the price of goods and services to make it possible, within the framework of the market economy, the balanced development of society and the general well-being, as laid down in article 32 of the Constitution.

Article 47 information on price 1. The merchants must display the price of the products exposed to the public in the interior of the commercial establishment. This information has been set out in a clearly legible by the general public.

2. The information on prices of the products exposed to the exterior Windows of the commercial property is regulated by the regulation, bearing in mind security reasons, their homogeneity and the nature of the product.

Title III. Specific types of sale chapter. General provision Article 48 Concept Will consider specific types of sale, for the purposes of the provisions of this law, both special sales as promotional sales.

Second chapter. Special Sales Section first. Article 49 authorization concept and Concept Are the special sales made by retailers and consumers that retailers do not take place in a commercial establishment open to the public on a permanent basis. Especially, they are hawking sedentary or not in markets and fairs, auto sales, home sales and sale at public auction.

Article 50 Authorization Will need a prior administrative authorization from the Government to carry out any type of special sales, with the exception of the hawking sedentary or not, it must be authorized by the common where you want to make. However, if the development of the hawking significantly affects the national mobility of the basic road network, it also requires a prior administrative authorization from the Government.

Second section. Distance selling Article 51 Concept is considered distance selling which takes place without the simultaneous physical presence of the buyer and of the seller, provided that the offer and acceptance are done exclusively through a technique any distance and communication within a system of distance contracts organised by the seller.

Article 52 previous information before any distance selling and with the advance, the seller must provide the buyer, clearly and understandable and through a medium appropriate to the remote communications technique used, the following information: a) the seller's Identity, address and certificate of the administrative authorization from the Government.

b) essential characteristics of the product or service.

c) price of product or service, including taxes.

d) form of payment and methods of delivery or execution.

e delivery and transport costs), if applicable.

f) Cost of using the technique of communication at a distance, when you calculate on a basis other than the basic rate.

g) period of validity of the offer and the price.

h) minimum duration of the contract, in the case of contracts for the supply of products or services intended to be executed on an ongoing basis or repeated.

I) existence of the right of withdrawal.

j) information about the guarantee of product or service.

k) conditions and maximum period of delivery of the goods or provision of services.

Article 53 Acceptance 1. The acceptance of the offer by the buyer must be, in any case, express. The lack of response to the offer of sale at a distance cannot be considered never an acceptance of the offer.

2. It is not allowed to deliver products or services that the buyer does not have requested previously when included a request for payment.

3. In case of violating the prohibition of the previous section, the recipient of the products is not required to return them and also you can claim the price. In the event that the return, you can not demand any compensation.

Article 54 further Information in addition to the information specified in article 52, the buyer shall receive in writing, or on any other durable support appropriate to the technique of distance communication used, and at the latest at the time that it delivered the product, the following documents and information: a) information about the conditions and the modalities of exercise of the right of withdrawal.

b) the address of the property of the seller where the buyer can file claims.

c) information relating to after-sales service and the existing commercial warranties.

d) the conditions of termination of the contract in the event that this contract has a maturity or greater than one year.

Compliance with article 55 1. Unless the parties have agreed otherwise, the seller must comply with the contract of sale at a distance within a maximum period of thirty days counted from the day after the day on which the buyer has accepted the offer.

2. In case of not being available the product, the seller must inform the buyer of this circumstance, and the buyer has the right to recover the sums paid, at most, within a period of thirty days.

Article 56 right of withdrawal 1. The buyer may exercise the right of withdrawal from the contract of sale at a distance within a period of seven working days counted from the day you received the product and for three months in the event that the seller does not comply with the obligation established in article 54.

2. The exercise of the right of withdrawal cannot hold to comply with any formality or indication of reason, and can not assume any penalty for the buyer.

3. The buyer of exercising the right of withdrawal has to restore the product to the seller, who, as soon as possible, you have to return the sums which he has satisfied the buyer, and at the most, within a period of thirty calendar days counted from the day after the date on which the seller has received the product.


4. In the event that the price of the sale is funded with a credit granted by the vendor or by a third party with the prior agreement with the seller, the dropping of the resolution of the credit without any penalty.

Article 57 Exclusions unless the parties have agreed otherwise, the buyer cannot exercise the right of withdrawal provided for in article 56 in the distance sales contracts have the following objects: a) Products the price of which is subject to fluctuations in the financial market that the seller cannot control.

b) products made in accordance with the buyer's specifications or clearly personalized or which, by its very nature, cannot be restituïts or may deteriorate or expire rapidly.

c) products which present defects caused by the use.

d) recordings of sounds or images, records and computer programs that have been unsealed by the buyer.

e) daily newspapers, periodicals and magazines.

f) other products and services that are established by regulation.

Article 58 Irrenunciabilitat the rights recognized to the buyer in this section are irrevocable and, consequently, annul right any waiver that make under any form.

The third section. E-commerce Article 59 concept and regime 1. E-commerce is considered to be the modality of distance selling based on the transmission of data by telecommunications networks.

2. The contracts and commercial communications by electronic means are governed by specific legislation on e-commerce.

3. In all matters that are not regulated by the legislation on electronic commerce is to apply this law.

Section four. Hawking sedentary or not Article 60 Concept is considered to be hawking the sedentary or not taking place in stops or removable, transportable or mobile facilities, located in the public open spaces or solar, in places and dates variable. This sale has to be approved by the ordinary.

Article 61 the Government Requirements determined by regulations the requirements and the conditions applicable to the various types of peddling sedentary or not.

Fifth section. Automatic sale Article 62 Concept 1. The automatic ticket is considered to be made by the buyer who has purchased the product or service through a machine ready to this end by introducing the amount required on the same machine.

2. The fact that the machine for the automatic sale is installed on the same commercial establishment of the seller, not depriving the sale made through the same machine the consideration of auto sales, and will apply the provisions contained in this section.

Article 63 Authorizations 1. In any case, the machines for the automatic sale must comply with the requirements provided for by the current legislation on industrial safety.

2. The installation of machines for the automatic sale must be pre-authorised by the common of the parish when installed in public spaces.

3. The installation of machines for performing local or private spaces in automatic ticket requires the administrative authorisations required previous.

Article 64 Requirements 1. For the automatic sale, on all the machines there are listed with the following information: a) identity and registration data in the register of Commerce and industry of the offeror and the corresponding authorization.

b Declaration of conformity CE) of the machine.

c) product that is offered.

d) total price that must be paid.

e) indication of whether the machine is back, change the type of fractional currency with what works and the means of payment accepted.

f) Instructions for the product.

g) address and telephone number where you have to meet the claims.

h) legal notices.

2. All the machines for the automatic sale must have an automatic system that allows the buyer to recover the sum you have entered in cases of error, their lack of product, incorrect operation or of sufficient information that enables the consumer to make a claim.

Article 65 Responsibility 1. In general, compliance with the obligations arising from the sale of the machine holder responds automatically, as long as it is identified and who is authorized to carry out the activity in the Principality of Andorra.

2. In the event that the owner of the machine is identified or is not authorized to carry out the activity in the Principality of Andorra, the owner of the establishment responds to the role buyer compliance with the obligations arising from the sale automatically.

The sixth section. Home for sale home for sale is considered Article 66 the Concept that takes place at the buyer's domicile or residence, in entertainment venues or meeting or in your place of work.

67 article content and form The home sale should be formalised in writing in two copies, which must be dated and signed by the buyer's own hand. Once signed, you must deliver a copy to the buyer, together with the dropping of the document, which must contain information on the terms, the modalities and the effects of the exercise of the right of withdrawal in accordance with the provisions of articles 56 and 57.

Article 68 54 56 52 articles, Diet, 57, and 58 are applicable to the home sale to the extent that they are compatible with their nature.

Section seven. Sale at public auction Article 69 the concept 1. Is considered to be sale in public auction which takes place through a public and irrevocable offer of sale of a product for the purposes of the concession, through the tender system and within the deadline, the buyer who comes up with the best price in the course of a public session convened for this purpose. Is left out of this law the rules governing judicial and administrative auction.

2. The Government determines the regulatory requirements and the terms and conditions applicable to sales by public auction.

Eighth section. Outlets Article 70 Concept 1. The outlet in the sign of establishment, which can be used in permanent establishments exclusively dedicated to the specialized production surplus for sale or season, of stocks themselves or others.

2. The establishments dedicated exclusively to the sale of surplus production or peak season can offer all kinds of remains, as any other retail businesses, wholesale companies or directly from manufacturers, in addition to the information provided by the company itself.


3. The prices of the products offered in these establishments must be lower than the reference prices and can be successively reduced from the time it was put up for sale but cannot be increased again in any case.

4. In dedicated exclusively to the sale of surplus production or season cannot be sale in sales or marketing articles and products made expressly to be distributed in these establishments.

5. The outlet name cannot be used by any other establishment that does not comply with the requirements set forth in this article.

Third chapter. Promotional sales Section first. Concept and information Article 71 the concept 1. Promotional sales are sales made by retail traders to end users in which the supply of products or the provision of services in advantageous conditions that the usual and, in particular, the sale in sales, selling in liquidation, sale of assets and liabilities or remains, the sale and the sale of gift or promotion or discount offer.

2. The denominations indicated in the previous section to designate the type of promotional sales can only be used to advertise sales that meet the legal concept and conform to the regulation set out in this law, and is not allowed any other use outside of the purposes described in the previous section.

3. Any promotional sale, although it advertises with a different name, gather the characteristics of any of the regulated in this law, is understood to have assimilated to the same law and is subject to the corresponding regulation.

4. The products and services marketed by any type of promotional sales must have the same guarantees as are offered when you market without promotion.

Article 72 Information 1. Promotional sales ads should specify the duration and, when appropriate, the special rules that apply to you.

2. When the offer of promotional sales might not understand, at least, the half of the products put on sale, the type of sale in question can only be announced referring to the products affected.

3. always offered products with a price reduction, it must indicate clearly in each of these products and the previous price along with the reduced price. However, when you apply a percentage reduction of a series of articles, they can advertise without individually to each article contained generically.

4. For the purposes of the preceding paragraph, by previous price is understood to have the lowest price that has been applied on identical products continued for a period of at least thirty days in the course of the preceding six months.

5. the products that are the subject of a type of promotional sales must be clearly identified and advertised in such a way that they are differentiated from other products which may have arisen in the same establishment.

Second section. Sale on sale Article 73 Concept is considered to be sale in sale the sale in which the products sold are offered at a reduced price in respect of its previous price, in accordance with the provisions of paragraph 4 of article 72, and in the same establishment.

Article 74 1 Calendar. The Government may determine, with consultation of the sector involved, the timing of sales, which can be different during the year. In this case each trader can carry out sales within the periods established by the calendar.

2. If the Government does not determine the calendar each trader can carry out the sale in sales during the period that it considers appropriate.

Article 75 Information in advertisements about selling in sales, you should indicate the dates of commencement and completion of the sale in a place visible to the public, even when the establishment is closed.

Article 76 1. The products subject to the sale in sales should have included in the past, for a minimum period of one month, in the offer of sale of the property.

2. products may not be damaged or have been acquired in order to be sold at a price lower than the ordinary.

The third section. Article 77 settlement sale Concept is considered to be sale on clearance sale, with exceptional character and extintiva purposes of certain stock of products, is made in execution of a judicial or administrative decision, or carries out the same merchant or acquirer of your business in one of the following cases: a) total or partial Cessation of commercial activity.

b) change of commercial activity or business orientation.

c) change of commercial establishment or production of works at the same venue that force you to close it temporarily or definitively.

of) any event of force majeure which hinder the normal development of the commercial activity to specify by regulation.

Article 78 Duration 1. The maximum duration of the sale in payment cannot be more than three months, except in the case of total cessation of commercial activities, which can last up to six months.

2. In any case, selling in liquidation must cease from the moment disappears the cause that has motivated or when you actually go extinct the products subject to the same sale.

Article 79 information on announcements of the sale in liquidation must indicate the cause that motivates, in accordance with the provisions of article 77.

Article 80 Products selling in liquidation may only have to the products that were part of the previous stock of the commercial establishment a month before, without that can be purchased for this purpose.

Article 81 Reiteration in the cases provided for in the letters a) and b) of article 77, the seller may not, during the year following the completion of the sale in liquidation, exercise the trade of products identical or similar to those that have been the object of sale in settlement, and neither can make a new sale in liquidation in the same commercial establishment , except in cases in which they must be made on a judicial or administrative decision, or by total cessation activities or by force majeure.

Section four. Sale of assets and liabilities or of Article 82 Concept considers sale of assets and liabilities or of selling that aims to products at a price lower than the market value, breathing as a result of his deterioration, damage, disuse, obsolescence, current loss or any other circumstance that affects its nature or utility.

83 article Information


The sale of assets and liabilities or of remains has announced necessarily with one of these names, and when I have to products damaged or defective it must be this accurate and ostensible. The commercial establishments are devoted exclusively to this type of sale should indicate this clearly on the outside of the trade.

Article 84 the products the products object of sale of assets and liabilities or the remains should not lead to any risk or deceit for the buyer, you have to really sell for a price lower than market and have to be part of the previous stock of the commercial establishment four months before the start of the sale, except, in the latter case, the commercial establishments are devoted exclusively to this type of sale.

Fifth section. Sale gift Article 85 Concept is considered to be sale gift sale in which used contests, sweepstakes, giveaways, coupons, prizes or similar, related to the offer, promotion or sale of certain products.

Article 86 the delivery The goods or services in which consist the gift must be delivered to the buyer within a maximum period of three months counted from the time the buyer meet the requirements.

Article 87 1 Requirements. The price and the quality of the products object of the sale gift may not be subject to any variation during the period fixed for the sale.

2. Stocks to cope with the delivery of gifts and the rules that govern the competition, prize draw or similar should be indicated on the packaging or in the product packaging or disclose themselves sufficiently.

3. The communication to one or more people who have been lucky with a prize or gift must warn that the delivery of this gift is not subject to the purchase of any product or service.

The sixth section. Sale or promotion on offer or discount Article 88 Concept is considered promotional or discount offer for sale or the sale of products for a lower price or more favorable terms and conditions than usual in order to make a new product, increased sales of existing products or develop one or more commercial establishments.

89 article information to the commercial establishment have been announced with clarity and in a visible place for the public the products object of the sale or discount offer or promotion, the duration of the promotion and sale of the special rules that apply.

Article 90 the products the products object of sale or promotion or discount offer cannot be damaged or be of lower quality than the same products that are the subject of a future supply of ordinary sales at normal price.

The fourth chapter. Sales prohibited Article 91 Prohibition 1. Pyramid chain or sales are not allowed nor sales below cost or below the purchase price, regulated by the legislation on competition.

2. By exception, will allow the sales below cost, or below the purchase price, in the case of sale of balances or sales and remains in liquidation or if the products are on sale and the sale of perishable takes place in the dates next to its usability.

Title IV. Guarantees in the sale of products, inspection and control chapter. Responsibilities Article 92 the responsibility of seller dealer 1. The merchant seller must deliver to the buyer the product stipulated in the sale and is in front of him for any lack of conformity which present the product.

2. Liability for lack of conformity of the delivered product becomes effective under the terms of the legislation in the field of consumer protection.

Second chapter. Commercial guarantee Article 93 Concept 1. In accordance with the legislation on consumer protection is considered commercial guarantee the commitment assumed by the seller, manufacturer or importer of a product with respect to reimburse the buyer in the price paid for the product, replace it, repair it or deal with it in any other way in the event that it is not in accordance with the conditions mentioned in the document or in the relevant advertising.

2. The commercial guarantee you can pay for and can offer terms less than the legally stipulated.

Third chapter. Inspection and control Article 94 Competition corresponds to the Government, through the Ministry responsible for trade, the role of inspection to ensure compliance with this law and the regulations that develop it.

Article 95 trade Inspectors 1. Trade inspectors are officials attached to the Ministry responsible for trade which have the right of inspection, they are provided the documentation certifying their status and they have to put on when to act.

2. In the exercise of the right of inspection, the inspectors are trading be considered agents of the public authority to all intents and purposes, they may request the cooperation of the police or any other authority, and are required to comply with the duty of professional secrecy.

3. In the exercise of the right of inspection, the inspectors are trading powers to gain access to commercial establishments and examine, for the purposes set out in this law, facilities, documentation, books and records required that the person responsible for the establishment will have the obligation to deliver them within a period that the inspectors determined.

Article 96, physical or legal persons Obligations, owners of establishments and commercial activities are required to facilitate the actions inspectores and to supply all the data and information that the inspectors of the trade request in the framework of this law and of its powers.

Article 97 Minutes of inspection 1. At each visit of inspection, the inspectors have to lift trade reports on the results and the corresponding facts making it appear the personal circumstances of the person inspected and their observations, the identification of the inspector acting, the date and time of the visit, data relating to the property inspected, the facts that, in his case, will serve as the basis for the disciplinary procedure and any other circumstances that may be relevant.

2. The record must be signed by acting trade inspector and the person responsible for the trade, inspected or their representative or any of its employees. The signing of the deed has effect of notification but not their acceptance of its content. The inspection right adjusted to give faith and are equipped with the presumption of certainty, in administrative, of workplaces, unless proof to the contrary.


Title v. infractions and sanctions chapter. General provisions Article 98 Concept 1. Are administrative violations in the field of commercial activities the actions or omissions of the authors classified and subject to fines in this law.

2. The offences cannot be the object of a sanction without prior instruction of the corresponding administrative procedure by the competent Ministry in the area of trade, without prejudice to the responsibilities of another kind that may attend.

3. Infringements will qualify in minor, serious and very serious in accordance with the provisions of this law.

99 article authors and responsible for 1. Are the authors and those responsible for the infringement are you incur in the actions and omissions classified as an offence in this law and, in particular, persons, physical or juridical, subject to the scope of application of this law in accordance with article 2.

2. Are responsible for the infringement are those who have positions of Directors, management or direction of transgressive institutions. Will also be responsible for the people who are effective headlines to a participation that will allow them to exercise a significant influence and determining on violators, as long as the illegal use is attributable to their fraudulent conduct or negligent.

Article 100 concurrent sanctions 1. When an action or omission is sanctioned by the penal provision and a provision that establishes an administrative sanction and, in addition, there is a penal process in progress, be suspended the processing of administrative procedure until a firm judgement handed down in criminal or files or sobresegui the cause.

2. In case there is a plurality of provisions that establish a plurality of administrative sanctions, applies the special provision.

Article 101 Prescription 1. In the field of commercial activities referred to in this law, the very serious offences prescribed in three years; the serious offences, at the end of two years; and the minor offences, after a year.

2. The term of prescription of infringements will start to be counted from the date on which they were committed. In the violations arising out of an ongoing activity, the start date of the calculation is that of the end of the activity or the last act which completes the infringement.

3. The prescription is interrupted by the home, known as the expedientat, the sanctioning procedure, and the term returns to run if the file is paralysed for more than two months for a cause not attributable to those against the performance of which will run.

Second chapter. Very serious Offences Constitute offences very serious offences Article 102: a) Exercise commercial activities without having requested the administrative authorization from the Government.

b) Exercise the trade on their own behalf but on behalf of another person, natural or legal, who by law cannot exercise it.

c) Exercise the trade in a place or an object, or trade name other than those that have been authorised or by a natural or legal person other than the holder of the authorization.

d) falsehood or lack of accuracy of the reports and certificates proving the fulfilment of the conditions and technical requirements, General and sectorial, that requires legislation.

e) Require higher prices set by the Government in accordance with the provisions of the article 46.2.

f) perform any act of infiltration of business.

g) carry out any type of special sales without having the prior administrative authorization from the Government or from the common, in accordance with the provisions of article 50.

h) do any of the prohibited sales, in accordance with the provisions of article 91.

and unidentifiable, fraudulent, counterfeit products being sold) or that fail to comply with the requirements demanded to be traded.

j) to resist, refuse or obstruct the actions of trade inspectors in the exercise of its functions.

k) two or more serious offences Committed simultaneously.

Article 103 serious Violations Constitute serious offences: in) do any of the types of special sales or promotional sales in breach of the requirements or with the obligations laid down in this law for each of the type of sale.

b) Do outdoor advertising without having the prior administrative authorization from the Government or from the common, in accordance with the provisions of article 42, or infringing the prohibition set out in article 40.

c) Install machines for the automatic sale without authorization.

d) Infringe the duty of communication of the dates during which is projected to do any kind of promotional sale established in article 75.

e) present a responsible Declaration without have the reports and certificates proving the fulfilment of the conditions and technical requirements, General and sectorial.

h) mild infractions committed by two or more simultaneously.

Article 104 minor Infractions Are minor violations are breaches of other obligations or prohibitions laid down in this law that does not constitute a serious violation or very serious in accordance with the provisions of the preceding two articles.

Third chapter. 105 Article sanctions to impose sanctions The competent bodies to solve the sanctioning procedure and to impose appropriate sanctions are the Ministers responsible for trade in the minor and serious offences and the Government in the case of very serious offences and all that involve the closure of the establishment or the temporary suspension of commercial activities.

Article 106 precautionary measures 1. The competent body for the opening of the sanctioning procedure can order, at any time, by means of a grounded decision and with the prior audience granted to the person concerned, the cessation of the activity that may be constitutive of infringement and the adoption of appropriate precautionary measures, provided that there are serious circumstances that affect the security of people or goods, entailing a serious prejudice or manifesto of difficult repair , or that is necessary to ensure the effectiveness of the resolution that might fall.

2. When a natural or legal person may be responsible for their conduct constitutes an infringement of our profession and resides in the Principality of Andorra, the Administration will require a deposit of an amount equivalent to the proposed maximum penalties to ensure the payment. In case of not being able to deal with the deposit mentioned, the Administration proceeds to the immobilisation of vehicles, machinery and other goods related to the development of offender activity.

Article 107 penalties Classes


1. take the following pecuniary penalties: a very serious offences) will punish with a fine of 60,000 Euro 6,001 euros.

b) serious offences will punish with a fine of € 1,201 to 6,000 euros.

c) minor offences will punish with a fine of up to 1,200 euros.

2. The sanctions indicated in paragraph 1 may be increased to a maximum of three times the profit obtained as a result of acts or omissions punishable, taking into account the criteria of graduation established by article 109.

3. the Commission of a serious or very serious violation may also lead to, regardless of any previous sanctions, the imposition of the ultimate sanction of closure of the commercial establishment, with revocation of the authorization, or the suspension of the commercial activity for a maximum period of three years.

4. In all cases, when the offence committed is by the shape of the commercial activity is carried out or for the products marketed, the sanctions imposed entail the confiscation and the loss of the products object of the business activity in question.

5. The non-compliance of the requirements established by this Act relating to signs and in the language of the trade names and emblems of establishment implies the obligation to withdraw from the public, within a maximum period of fifteen days, with costs payable by the offender, all physical media on which to reproduce the signs that do not meet these requirements.

Article 108 Recidivism there are recidivism when it commits an infringement of the same type and rating that that led to a penalty earlier in the term of 365 days following the notification of this first; in this case, it is necessary that the sanctions resolution has gained strength.

Article 109 graduation Criteria of sanctions 1. To determine the amount of the sanctions on their degrees minimum, medium and maximum graduation criteria are taken into account the following: a) the significance of the infringement.

b) the risk to health.

c) the situation of predominance of the offender in the market.

d) the amount of the benefit obtained.

e) the nature of the harm caused.

f) the degree of intentionality.

g) The economic capacity of the offender.

h) The period of time during which the infringement has been committed.

and the generalisation of the infringement).

j) recidivism.

2. The infringements consisting of the continuing persistence of the Commission or of the default will penalize in the highest degree of the corresponding qualification.

Repealing provision 1. Abolishes all provisions of equal or lower rank that conflict with the provisions of this law.

2. In particular are repealed: the Decree approved by the m. i. General Council on 10 October 1981 concerning the authorisation to exercise of any commercial or industrial activity; the law on trade names, product names and emblems of establishment of 20 June 1996; article 3 of law 93/2010, of December 16, of measures for the promotion of economic and social activity of rationalization and optimization of the resources of the Administration; and the limitation of 200 m2 open to the public from commercial establishments to which applies the simplified procedure set out in paragraph 3 of article 29 of law 93/2010, of December 16, of measures for the promotion of the economic and social activity, and of rationalization and optimization of the resources of the administration.

First final provision modifies the terms of paragraph 5 of article 4 of the law 7/2011, from 12 August, to amend the Law 92/2010, from 16 December, shopping hours and the right to weekly rest on Sunday for people who work in the trade, which is worded as follows: "5. The establishments defined as convenience stores of gas station and tourist trade in the letters c) and d) of article 1 are exempt from compliance with the provisions of paragraphs 1, 2 and 3 above. "

Second final provision modifies the article 3 of the law on the register of holders of economic activities, of 20 December 1995, which is worded as follows: "Article 3. Obligation of registration 1. It is compulsory the registration in the register of companies of all the companies in accordance with the regulations applicable to companies. Once registered the company in the register of Companies, the Department in charge of Commerce, part of the company's Office in the register of holders of economic activities.

The cancellation of a company in the register of holders of economic activities takes place when you register the dissolution of the company in the register of Companies in accordance with the regulations applicable to companies.

2. Is compulsory the registration in the register of Commerce and industry of each and every one of the premises in which they made manufacturing activities, import, export, purchase, sale, transport, transformation, leasing, provision of services and, in general, any business matters in the Andorran territory.

It is understood by local buildings, the buildings, the facilities, the surfaces covered or uncovered, or not open to the public, which are used to carry out the activities mentioned above.

The activity must be manifest by the inscription in the register of Commerce and industry in accordance with the regulations in force in the field of Commerce. Once registered the business in the register of Commerce and industry, the Department in charge of trade, the register ex officio in the register of holders of economic activities.

The cancellation of a business in the register of holders of economic activities takes place when you register the final cessation of the activity in the registry of Commerce and industry in accordance with the available trade regulations in force.

3. Is compulsory registration in the register of persons authorized to exercise Liberal Professions of all those individuals who exercise an activity for which must apply for a permit at the Department in charge of administrative work. The Department in charge of work relayed the high of trade. "

Third final provision the Government must approve the regulations of development of this law within a maximum period of six months from its entry into force.

The fourth final provision this law shall enter into force the day after being published in the official bulletin of the Principality of Andorra.

Casa de la Vall, June 13, 2013 Vicenç Mateu Zamora Syndic General


We the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra