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Franchise

Franchising is a popular business endeavor for entrepreneurs. According to the International Franchise Association (IFA), in 2000 franchisors and franchisees accounted for one trillion in annual United States retail sales. In addition franchising business accounted for forty-percent of all United States retail sales. Not all franchises, however, do well. Many people want to become the next Bill Gates, but many laypersons do not recognize that a "franchise is a system of business operations that, more often than not, will permit a person who operates the franchise properly to succeed in achieving a reasonable profit." Therefore, potential franchisees should consult an attorney on all matters involving the franchise. And, possibly hire an accountant. In addition, potential franchisees should thoroughly investigate their investment. Taking these necessary steps is the only way to make good business decisions and also to limit litigation.

This article examines the need of franchisees to seek the advice of an attorney. This article will first explain the role of an attorney in the complex process of owning a franc


There are fifteen states--California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Oregon, Rhode Island, South Dakota, Virginia, Washington, and WIsconsin--that regualate offers and sales of franchises under statutes requiring registration of the offer and sale of franchisea and/or offer and sale by means of a comprehensive offering circular that must be delivered to the prospective franchise from two to ten days before sale of the franchise. Rudnick, Joseph W. Sheyka, & Jerome L. Fels, General Franchising Considerations, Organizing and Advising Illinois Busiinesses, Illinois Institute for Continuing Legal Education, May, 1999.

"disclosure statement" or "prospectus" to each prospective franchisee at the earlier of: (a) The first personal meeting between the franchisor and the franchisee at which the purchase of the franchise is discussed; or (b) Ten business days before the earlier of: (i) the execution by the franchisee of the franchise agreement or any other agreement, creating a binding legal obligations; or (ii) the payment by the franchisee of any consideration in connection with the sale or proposed sale of a franchise."

Some topics in this essay:
Franchise Rule, FTC Rule, UFOC Benefits, FTC Rule's, Advantages Disadvantages, Potential Franchisee, Don Debolt, ATTORNEY Duties, Michael Garlick, UFOC UFOC, ftc rule, disclosure document, franchise business, disclosure statement, franchise law, franchise relationship, business plan, assist client, potential franchisee, franchisee financing, meets definitional elements, particular business endeavor, franchise law attorney, franchise agreement disclosure, ongoing franchise relationship,

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Approximate Word count = 4011
Approximate Pages = 16 (250 words per page double spaced)


  

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