Business Incorporation

CANADIAN FRNCHISE ATTORNEY

It can be said that the term of franchise indicates a retail outlet and it is owned by the franchisee. It is an undertaking to take perform third party operations of products and services provided by the franchisor. To undertake such operations, Franchise Agreement is made by both parties. But the Franchise Attorney play great role in this aspect. The Franchisor and Franchisee engage different Franchise Attorneys in order to protect their rights. The general attornerys may not have skilled qualifications in franchise laws and canadian laws, yet some franchors and franchisees appoint general attorneys as Franchise Attorneys. The hiring general attorneys not required by the franchisor or franchisees since there is a sufficient Canadian Franchise Lawyer available.

The attorneys available for all practicing areas may not give suitable justification par with Franchise Attorneys. In most cases suitable Franchise Attorneys amongst referrals can be found by the HRD of the business organisations. It is also possible that the State of Bar Association provides list of qualified attornyes that are connected with Franchise Laws. However no.of websites also provide attorney directories. According to area and specializations, the Franchise Attorneys can be found by accessing the relevant websites.

While selecting Canadian Franchise Lawyer, the franchisee organization must ensure that intended Franchise Attorney had vast experience in the Canadian Franchise Laws. Many services can be offered by Franchise Attorney which include Franchise registratins, franchise agreement, disclosure documents and other related in connection with franchise opoerations. The Franchise Attorneys also able to deal to protect right or license granted by way of trademark, trade name, service mark etc. Therefore it is inevitable to hire the Franchise Attorneys by Franchisor and Franchisee.

Hiring of Franchise Attorney may involve no.of benefits like access of legal guidance for franchise and distribution systems, dispute resultion services in connection with franchise, representation in the areas like sub franchisors, licenses, dealers etc. It is also possible that the. No.of areas available for the lawyers to practice. Accordingly interested area of practice can be selected by the lawyers and attorneys according to their specilization of particular subjects. The practising areas like Franchise, domestic violence and Divorce etc. Hence instead hiring general lawyer/attorney, Franchise Attorney is to be hired.
As Canada consists of ten provinces and three territories, the franchisors who are operating in Canada must comply the federal and provincial laws. The Quebec pronvince laws differ from the Canadian provincial laws.

Quebec is dominated by French speaking individuals whereas the majority of Canada is regulated by common law. Therefore, all contracts in Quebec governed by Quebec Civil Code. In all angles of advertisement the usage of French language is inevitable. In this regard, the Canadian Franchise Attorney will take more concentration than other general attorneys. Hence Canadian Franchise Attorneys are preferable when franchising operations are undertaken in Canada.

-A.R.

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Going into the franchising business can be very exciting for the first-time franchisor. On the other hand, thinking about all the legal matters that need to be considered and the required documentation to be submitted, may seem intimidating and can be overwhelming. Hiring a Franchise attorneys - a legal expert in this field - can make your goal of owning your first franchise easier to achieve.

A Franchise Attorney can help you in many ways, starting from the very first step of the franchising process. Your attorney can help you create a franchise program and draft the necessary legal documents. He or she can also give you advice on day-to-day business matters and regulatory compliance, and help enforce the franchise agreement terms in the event of a dispute. In addition, franchise attorneys can also give advice on matters relating to franchising and distribution: secured transactions, bankruptcy, intellectual property, employment law, antitrust, and vicarious liability.

Franchising attorneys can also provide legal counsel on contracts and application of franchise statutes, if your goal is to put up a franchising company that distributes products through networks of wholesalers or dealers. Your lawyer will also be in charge of negotiating and reviewing franchise and master licensing agreements, and help with the contracts that concern international franchising, strategic alliances, and branding programs.

Some other situations may arise during the course of running a franchise business that may warrant the services of a franchise attorney. Such cases include: terminating the franchise relationship, vicarious liability cases, and statutory compliance. In the case of termination of the franchise relationship, your attorney will ensure that the terms of the franchise agreement are upheld. For vicarious liability cases, your lawyer can have the case against you dismissed, or negotiate a nominal settlement. And for statutory compliance, your attorney will act as a liaison between you and the federal and provincial regulatory agencies to resolve andy issues or concerns related to allegations made by the franchisee. Your attorney will also represent and defend you during legal proceedings.

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When looking to start your own business, one of the options that you can consider is buying a franchise. Although purchasing a franchise will likely cost more than putting up a business from scratch, in general, franchises have a higher success rate than start-ups. This is because you are actually paying for the product’s proven track record, as well as the franchisor’s training, marketing, and business support. Before you consider signing a franchise agreement, it is a good idea to consult with experienced Franchise Attorney who is a specialist in the field and is knowledgeable in all aspects of the franchising business.

A franchise is actually a legal agreement between a franchisor (seller) and a franchisee (buyer). Through this agreement, the franchisee is granted rights by the franchisor to distribute certain goods or services developed by the latter, in a specific way, a particular location, and a specified period of time. When you enter a franchise agreement, you are not actually purchasing a business, but only the rights to operate the business under the said agreement for a limited, pre-specified period of time. This agreement may also have the option for renewal.

Buying a franchise has its advantages. First, the franchisor will provide the training necessary for you to run the business successfully. This training encompasses all stages of the business - from establishment, to running, and even expansion. The franchisor will also provide regular supervision and ongoing advice on business operations. In addition, most franchisors also have the buying power to fund regional and national advertising campaigns, as well as provide financing options when needed. Franchise attorneys will be able to assist you by drafting, negotiating, and reviewing the franchise agreement to ensure that these terms are all specified, and will be duly enforced.

One of the disadvantages of buying a franchise is cost. Having to pay ongoing fees and royalties can add up and prove to be quite expensive. Other disadvantages of franchising include limited possibilites for expansion, and restrictive guidelines and regulations which can confine the business decisions you can make as the franchisee. Your Franchise Attorney can help explain important points in the franchise agreement, make you understand your rights, and inform you of any legal restrictions that you need to be aware of.

Before you decide to purchase a franchise, make sure you are aware of the pros and cons involved in putting up this kind of business. Although more start-up businesses are prone to fail, franchising is not 100% risk free. In fact, one study showed a 35% fail rate among franchises.

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The cost of franchising is often a smaller investment than the cost of establishing even one new outlet. After paying the cost of the franchise program, the remaining costs of expansion (as well as most of the risk) are assumed by franchisees. And since franchisees usually pay the franchisor an up-front fee and royalties, the right strategy for selling your franchise idea can become an immediate high-impact low-risk revenue source

In addition, the fixed and variable expenses involved in running a franchise company are much lower than operating a similar number of company-owned facilities.

You probably already know how much you would pay to establish a new company-owned copy of your existing business. 

If you own a restaurant, for example, the cost of buying land and construction, or even the cost of leasehold improvements and furnishings in an existing building, could easily run between $100,000 and $200,000 or more.   What you may not know is that for the same amount, or less, you can have a complete franchise development program.  And whereas the new company-owned unit might require a year to establish and might not be profitable for another year or two, your franchise program will probably take less than a year to put together and enable you at the end of that period to sell franchises and immediately begin to recoup your investment.  If your franchise fee is $35,000—an average nowadays—and if in your first year as a franchisor you sell seven franchises (another average for franchisors according to a study by DePaul University) you could have your program paid for by the end of that first year. 

Some businesses are standing by and waiting for this economic storm to blow over while others are positioning their companies to succeed in spite of the downturn. 

What are you going to do with your business?Are you going to push forward and expand your business despite what your competitors are doing?How can you take advantage of this opportunity without having to spend your own money to fuel expansion?  You need to leverage your intellectual property.Expanding your business by franchising may be the only option for you. 

With all of the highly skilled people out of work franchising companies are taking advantage of the greatest supply of highly educated individuals that they have ever seen.  With unemployment believed to continue to rise over the next year, this opportunity will continue on for a while.  Though, once this recession is over and companies stop laying people off and start hiring them again, you may well have missed your window of opportunity to sell franchises in this fertile environment.

The fact is people have lost faith in what have become accepted as “safe” investments.  In spite of losses in 401k’s and home values, people still have money that they can access.People will still borrow funds from family and friends that willingly contribute to a new business venture which has always been a source of new business capital.This will not stop in spite of the economy.

The challenges of today’s economy may have just created the “perfect storm” and the best opportunity for franchising your business. The greatest fear you should have is sitting back while one of your competitors pushes forward.

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