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franchise disclosure Tagged Articles
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Buying a Franchise? You Better Understand Item 7 of the FDD
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| Item 7 in the Franchise Disclosure Document requires franchisors to present in a prescribed format a franchisee's estimated initial investment needed to start the franchise business. It's important for individuals looking to purchase a franchise to fully understand what Item 7 contains. A leading cause of franchisee failure is being undercapitalized. Learn how to avoid falling into that situation.
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Buying A Franchise: Some Do's & Don't
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| Life has a way of manipulating the circumstances and the conditions. Often executives and those vulnerable to economic downturns turn to consideration of business ownership.
I'm often asked when I speak to groups, "Are there some hard and fast rules of doing a proper examination or investigation of the various kinds or brands? Can you better understand the business if you do certain things?" The answer is mostly yes. The more you actually know the more confident you are once you make a decision.
But there are dangers as well. Often we study so much the line becomes blurred between what is factual and actual and what is someone's overly blustered and inaccurately stated opinion or random thoughts.
Here are some things I recommend to you that you DO: |
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How to Franchise
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| How to franchise. Business owners should follow these steps when developing a franchise program. |
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Buying a Franchise, Due Diligence
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| Buying a franchise is a major investment. Buyers should carefully consider various aspects of the offering before making the purchase. Here are some suggestions. |
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Franchise Resales - Pros and Cons
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| This article is the first a two part series dedicated to helping people better understand the how to approach and understand a franchise resale. |
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The Franchise Ambush, Part II - How to Help Your Friends & Family Help You.
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| This article dicusses the type of advice potential business owners normally receive from friends and family and provides a more balanced outlook on how to discover the best business opportunity for you. |
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Is Franchising Scary?
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| You really shouldn't be afraid of starting a franchise development program. |
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Understanding the Franchise Disclosure Document (FDD)
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| This article provides a frame of reference to study the FDD further while coveri the primary topics discussed in the FDD. It also provides information on where to secure more detailed information on the FDD. |
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Does Franchise Growth Indicate a Successful Franchise?
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| This article discusses the importance of franchise system growth in your due diligence. It discusses the give and takes of growth and provides way to interpret the information you gather. |
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Franchise Legislation in Canada
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| A brief overview of Canada's franchise laws |
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Renewal in Franchising
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| If you’ve been thinking about starting your business maybe you should consider buying into a franchise as this will give you a bit of a head start, instead of building a business starting with the bare essentials or even less. |
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Doing Your Homework: How To Get The Facts On A Small Business Franchise
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| The old adage of "look before you leap" is never more true than when it comes to starting your own small business franchise. Knowing all the facts before starting your own home based business is a must and will set your business up for success. Here's some good information on what to expect and what it takes to start your own small business franchise. |
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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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About Franchise Lawsuits
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| Always look into a company's background before you decide to invest in a franchise. After all, the last thing you want to do is throw your money into a concept that carries a history of trouble. |
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The FTC on Earnings Claims Statements
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| Are you considering buying a franchise? One of the first steps you ought to take is to determine whether that franchise is doing well or poorly financially, which involves determining what the franchise’s actual quarterly and/or annual earnings are. |
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Explaining the Differences Between the UFOC and the FDD
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| The new FTC rules have bought smiles in the face of the franchisors and franchisees alike. It has made giving earning claims easier for the franchisors while the franchisees are duly warned whether they have to compete against the franchisor or another franchisee within its demarcated territory. |
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Big Changes Coming in Franchise UFOC Meet the FDD
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| The UFOC is going to have a major change as per new FTC ruling and will be renamed as FDD. It has to be implemented by July this year. The changes include modification of the name of the items and major alterations in litigation history disclosure. |
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The Regulation of Franchising in PEI -- Franchise Lawyer Canada
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| 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 |
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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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Other franchise disclosure 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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16 Things You Should Know about Ontarios Franchise Legislation
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| 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 |
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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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New Franchise Direct study finds opportunities brewing in the coffee franchise sector
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| Franchise Direct, one of the world’s leading franchise portals, recently conducted an in-depth study of the coffee franchise sector. After thoroughly examining 29 Franchise Disclosure Documents, Franchise Direct has found that the coffee franchise sector is weathering the recession resiliently, bolstered by a product that is an integral part of American life. |
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Special Issues for a Subfranchisor
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| 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. |
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Special Issues for an Area Representative
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| An area representative is best described as a "super" franchise broker and servicing agent for the franchisor. You will be disclosed in ITEMS 2, 3 and 4 of the franchisor's Franchise Disclosure Document with your 5-year biography and litigation and bankruptcy history if you will have management responsibility relating to the sale or operation of franchises. An area representative differs from a subfranchisor in that the area representative uses the franchisor's Franchise Disclosure Document and the franchise agreement is signed directly between the franchisor and the franchisee. The area representative is not a party to the franchise agreement. Under the area representative agreement between the franchisor and the area representative, the franchisor delegates to the area representative certain of the servicing and support obligations |
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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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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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