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disclosure requirements Tagged Articles
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Franchise Legislation in Canada
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| A brief overview of Canada's franchise laws |
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VII E. Strengthen Regulation and Supervision: PROMOTING STOCK MARKET DEVELOPMENT IN AFRICA
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| Regulation and supervision of the financial system play a great role in determining both its
stability and the extent of services provided. |
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Creating Harmony in Franchise Legislation -- Franchise Lawyer Canada
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| Ontario's franchise law is out of sync with the laws in Alberta and all US jurisdictions. How did this happen, and what can we do to improve legislative harmony, so as to improve the environment in which franchising takes place, for the good of franchisors, franchises and consumers?
peter macrae dillon franchise franchisor lawyer attorney Toronto Ontario Canada www.franchiselaw.ca |
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Franchise Laws In North America
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| This paper compares Canadian franchise legistlation found in Ontario and Alberta with the Uniform Franchise Offering Circular and Federal Trade Commission disclosure regimes found in the registration states in the US.
peter macrae dillon Siskinds franchise franchisor franchising lawyer attorney Toronto Ontario Canada |
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PreSale Franchise Disclosure in Ontario
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| Since the passage of the Wishart Act, franchisors in the province of Ontario have found themselves bound to perform various duties and tasks in the operation, and primarily the sale, of their franchise system. The greatest single feature of the Wishart Act is a broad pre-sale duty to disclose information about the franchisor, the system, and its franchisees.
This paper will set out various areas which franchisors and their lawyers should consider a potential minefield of liability, exemptions from the Wishart Act’s disclosure requirement; and the penalties and remedies that aggrieved franchisees can seek against a non-compliant franchisor.
peter macrae dillon franchise franchisor franchising lawyer attorney Toronto Ontario Canada siskinds |
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Other disclosure requirements Related Articles
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Investigating Franchise Offerings
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| Before investing in any franchise system, be sure to get a copy of the franchiser's disclosure document. Sometimes this document is called a Franchise Offering Circular. Under the FTC's Franchise Rule, you must receive the document at least 10 business days before you are asked to sign any contract or pay any money to the franchiser. You should read the entire disclosure document; make sure you understand all of the provisions. The following outline will help you to understand key provisions of typical disclosure document as well as ask questions about the disclosures. Get a clarification or answer to your concerns before you invest. |
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FRANCHISE EARNINGS CLAIMS – PART II
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| Franchise Earnings Information (Part 2)
Part 1 of this article discussed how current Ontario and Alberta law makes it difficult to provide franchise prospects with information about how much they can expect to make in any given franchise. In Part 2 of this article, Peter Macrae Dillon discusses the advantages and disadvantages of including earnings information in a franchise disclosure document and how to prepare earnings information for inclusion in a disclosure document.
Should we provide earnings information in our disclosure document? |
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Six Stages in the Evolution of a Business Requirement
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| Business requirements exist in the wilds of organizations around the world. We do not really know whether business requirements exist at all until we capture them. To ensure the safety of the business community and the developer community, the job of the business analyst is to tame these requirements. To be tamed, the requirements has to evolve through the phases of sentenced, whatified, scoped, clarified, quantified, and confirmed. |
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Government Regulation of Franchises
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| In the United States, all franchisors must abide by the Federal Trade Commission's (FTC) Franchise Rule, which requires franchisors to prepare a disclosure document called the Uniform Franchise Offering Circular (UFOC ) / Franchise Disclosure Document (FDD) and give a copy of that document to prospective franchisees prior to their purchase of a franchise. |
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Go to MoSCoW and improve your marketing Copy
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| All requirements are important, but they are prioritized to deliver the greatest and most immediate business benefits early. Developers will initially try to deliver all the M, S and C requirements but the S and C requirements will be the first to go if the delivery timescale looks threatened. The plain English meaning of the MoSCoW words has value in getting customers to understand what they are doing during prioritization in a way that other ways of attaching priority, like high, medium and low, do not. |
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NDAs Reduce Business Development Risk
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| Business Development is an equally exciting and risky endeavor. Protect your organization by executing a Non-Disclosure Agreement (NDA) prior to establishing relationships with unfamiliar vendors, potential partners, prospects, or investors. Use Demand Metric’s downloadable Non-Disclosure Agreement template as a starting point when drafting your various NDA documents. |
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State Franchise Disclosure and Registration Laws
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| The articles explains state franchise registration and disclosure laws and provides a 50-state anaylsis of each state as to whether the state has franchise disclosure and registration law and/or business opportunity law and a franchisor's obligation to register under such laws, the documents required to be filed, filing fees, review period and other filing information. |
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E-Mailing the Franchise Disclosure Document to Prospective Franchisees
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| Under the FTC Franchise Rule,a franchisor can deliver the Franchise Disclosure Document (“FDD”) electronically by e-mailing the FDD in a pdf form or mailing a FDD copied on to a CD-ROM to a prospective franchisee. The first personal meeting requirement has been eliminated. The prospective franchisee must have the FDD and Exhibits at least 14 calendar days before the franchisee signs any agreement with the franchisor or gives the franchisor any money. Electronic delivery of the FDD disclosure will save the franchisor substantial time and money as the cost of copying and mailing a Franchise Disclosure Document and Exhibits, let alone personnel cost, really adds up. The FTC estimates that the cost to copy and mail a disclosure document is about $35.00 each. The states having franchise registr |
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Licensing v. Franchising
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| This article discusses the elements of a trademark license and of a franchise and the "Twilight Zone" between the two with respect to the degree of assistance the licensor provides and the degree of control the licensor exerts over the licensee method of operation. The danger is having a license agreement ruled to be a franchise and the licensor to be in violation of the FTC Franchise Rule and state unfair and deceptive trade practice laws for failure to comply with the pre-sale disclosure requirements of the FTC Franchise Rule. |
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How To Investigate Franchise Offerings
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| Before investing in any franchise system, be sure to get a copy of the franchiser's disclosure document. Sometimes this document is called a Franchise Offering Circular. Under the FTC's Franchise Rule, you must receive the document at least 10 business days before you are asked to sign any contract or pay any money to the franchiser. You should read the entire disclosure document; make sure you understand all of the provisions. The following outline will help you to understand key provisions of typical disclosure document as well as ask questions about the disclosures. Get a clarification or answer to your concerns before you invest. |
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