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Franchise Opportunity - 5 Questions to Ask About The Franchise
The following discussion covers five questions that should always be asked by the Franchise Candidate. If a Franchisor is either unwilling, or unprepared, to answer these questions, it should be a strong indicator that the fit may not be right.
I've Got An Idea
What do you do with a great business idea? Forget about it until someone else runs with it and hits it big? Or do you have the commitment, time and energy to really do something with it?
Is your 401(k) the best place for you to save for retirement?
There have been a lot of news reports recently about 401(k) plans becoming more transparent. This is excellent news, but it may not be the only answer that people need.

FRANCHISING IN INDIA: A Critical Perspective
Franchising in India is not regulated and unlike popular statistics, only 25 to 30% franchisees are successful. Based on my experience in understanding franchising in several large markets, India is atleast 30 + years behind any developed market when it comes to the market size, growth potential and the level of expertise in the franchising business. In my past five years in the Franchising Fraternity, I have come across more failures than successes, both from franchisors and franchisees.
Franchisor Rebates from Suppliers
Franchisors can receive rebates from required suppliers, but there are several things that should be first considered.
Evaluating the ‘Steve Jobs effect’
In a recent ChangeWave research firm survey, they inquired about the Steve Jobs “effect”? With his recent health disclosure and taking a leave of absence—amid speculation on whether Apple will stumble without him—ChangeWave asked consumers what effect it would have on their likelihood of buying Apple products if Jobs were to permanently step down as CEO
New laws governing the confidentiality of social security numbers affect Connecticut employers
Summary of new regulations that cover Connecticut employers and employee privacy.
The truth about those Foreclosures Short and Sweet
Hello I have been building over 37 years and this problem we have is not new its just more pronounced due to economic conditions in general.Please take a few moments to read What I as a Builder and Real Estate Broker still very much involved in our industry would like you to see before you get in trouble. This is a short story of what the foreclosure experts want you to do and if indeed you do Hold ON!!!
What is the Franchise Ufocs Role
Learn more about the UFOC before buying a franchise. Franchising is a contract system between two parties-the franchisor and the franchisee. As with any contractual agreement, there are legal documents and agreements that must be followed by both parties. The first of these documents is called a UFOC, or Uniform Franchise Offering Circular. Essentially this document is a disclosure of specific types of information that the franchisor must present before any agreements are signed.
2007 Circular 230 Revisions
Changes in the rules governing practice before the IRS
Amendments to Small Business Protections under the Trade Practices Act
Section 51AC of the Trade Practices Act (TPA) protects small business by prohibiting a corporation from engaging in unconscionable conduct when dealing in supply or acquisition of goods or services with any person or corporation, other than a listed company. It is specifically targeted at small business consumers.

Sample Non Disclosure Agreement
An intermediary should always sign a confidentiality or non-disclosure agreement (NDA). It is a 1 to 5 page document that acknowledges you have sensitive information that if released could harm your business and it should not be shared. Venture capitalists, however, will not normally sign a confidentiality agreement. They see so many companies in the same industry that they cannot sign one agreement and risk not being able to invest in other potential good deals.
More Questions Concerning Severance & Separation Agreements
A reader asks me more questions based on my prior article regarding severance and separation agreements.
Recent Issues of Importance in Franchising -- Franchise Lawyer Canada
This article examines some of the current legislative and judicial developments occuring in Canadian franchising. peter macrae dillon franchise franchisor lawyer attorney Toronto Ontario Canada www.franchiselaw.ca
The Regulation of Franchising in PEI -- Franchise Lawyer Canada
This article examines the regulation of franchising in Prince Edward Island, Canada, pursuant to the Franchises Act of PEI. peter macrae dillon franchise franchisor lawyer attorney Toronto Ontario Canada www.franchiselaw.ca
Franchise Laws In North America
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
PreSale Franchise Disclosure in Ontario
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

Other disclosure Related Articles

Investigating Franchise Offerings
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.
FRANCHISE EARNINGS CLAIMS – PART II
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?
16 Things You Should Know about Ontarios Franchise Legislation
Ontario, Canada's most populous province and economic engine, introduced franchise legislation in 2000. A surprising number of franchise systems are unaware of what they need to do to comply. This article examines what a franchise is, including possible exemptions available. It then discusses how to properly prepare a franchise disclosure document, and how to provide the document to franchise prospects in a way that complies with the law. The ability to rescind for improper disclosure, and to sue for misrepresentation, is also discussed. Finally, the requirement that parties to a franchise agreement deal with each other fairly, in good faith, and in a commercially reasonable way, is discussed. Great read for franchisees and franchisors alike! peter macrae dillon franchise lawyer ontario attorney canada
Government Regulation of Franchises
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.
NDAs Reduce Business Development Risk
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.
Special Issues for a Subfranchisor
If you want the right to sell franchises on behalf of a franchisor and, perhaps, also operate your own franchises, you may want to become a subfranchisor. A subfranchisor is sometimes called a "master franchisee," particularly in international deals. A subfranchisor steps into the shoes of the franchisor and acts as the franchisor in a given area (for example, state or county). A subfranchisor sells its own franchises and directly enters into a franchise agreement with a franchisee. The franchisor is not a party to the franchise agreement. A subfranchisor is subject to the FTC Franchise Rule and state franchise registration and disclosure laws to the same extent as a franchisor. Therefore, a subfranchisor is obligated to have its own Franchise Disclosure Document.

State Franchise Disclosure and Registration Laws
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.

E-Mailing the Franchise Disclosure Document to Prospective Franchisees
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
How To Investigate Franchise Offerings
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.
FTC New Business Opportunity Rule - Reduced Disclosure But Increased Coverage
Effective March 1, 2012, the FTC’s new Business Opportunity Rule1 becomes effective (the “New Biz Op Rule”). The New Biz Op Rule significantly reduces a business opportunity seller’s disclosure obligation to a prospective purchaser, as the previous format (the FTC Disclosure Statement containing 20 items of required information) has been changed and reduced to a 1-page form requiring 5 items of information that the seller is required to disclose. However, the New Biz Op Rule applies to more companies as, not only business opportunity sellers currently covered by the Interim Biz Op Rule will be subject to the New Biz Op Rule, but also work-at-home programs such a jewelry assembly and envelope stuffing, will meet the expanded definition of a business opportunity.

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