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Does Your Square Peg Not Fit into a Round Hole? Consider the Discretionary Exemption
Compliance with state franchise registration and disclosure laws can be expensive and time consuming. As such, putative franchisors and franchisors alike often seek to identify an exemption or exclusion from the applicable law in hopes of being able to avoid the registration and disclosure provisions of the law. Unfortunately, sometimes the proposed franchisor or franchise transaction does not fit into a typical exemption, or the state lacks an applicable exemption. But one exemption, often trailing at or near the bottom of a state’s list of exemptions—and often overlooked—is the so-called “discretionary exemption,” an exemption in the public interest, or exemption by order or rule.
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NASAA Adopts New Rules on Financial Performance Representations
On May 8, 2017, the North American Securities Administrators Association, Inc. (“NASAA”) formally issued new guidance, the NASAA FPR Commentary (the “Commentary”), to clarify what constitutes a reasonable basis in making a financial performance representation (“FPR”)—with specific guidance for a variety of common FPRs that are made in Item 19 of Franchise Disclosure Documents (“FDDs”). The Commentary provides welcome guidance to franchisors that have been reluctant to include FPRs in their FDDs, or whose efforts to include FPRs have been rebuffed by state franchise examiners, but it will ultimately require all franchisors that currently include an FPR in their FDD to revise their FPR.
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Modell and Fittante Pen Business Builder Article in Upsize Magazine
Charles Modell and Joseph Fittante, Jr. co-authored "How to know if your business is a franchise" in the August/September issue of Upsize Magazine.
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Defaults and Terminations - An Unfortunate Reality of a Challenging Economy
A practical approach to the mechanics of the default and termination process is outlined in this article, which appears in the Spring 2009 issue of Franchise Law Journal.
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Take Advantage of These Franchise Registration Tips
In the competitive climate of franchise sales, a premium is placed upon adeptly navigating the registration maze.
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Independent Insurance Agent was Franchisee, Says Connecticut Jury
Originally published in The Franchise Lawyer, Volume 8 Number 3, May 2005. © The American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
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The Untapped Sales Potential of Existing Franchisees
Originally published in Franchise Update, April 2001.
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Stop Losing Your Franchise Outlets: Control the Real Estate
You just received a notice from your franchisee explaining that he is three months in arrears to the landlord for rental payments under his lease for the franchised location, the landlord is threatening to evict him, and the franchisee is ready to throw in the towel. You quickly realize that all of the goodwill of your brand at the franchised location is about to be lost, and worse yet, there is nothing you can do about it. You vow to never allow yourself to be put in this type of situation again. The key is to get control of the real estate.
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Avoiding the Accidental Franchise
Do you have clients operating dealership programs? Do you have a business that offers licenses? Whenever drafting licensing and dealer arrangements, cautious practitioners should consider whether the Wisconsin Franchise Investment or Fair Dealership laws apply. Both laws (and similar laws in other states) offer a potential trap for the unwary - the creation of an accidental franchise, with resulting severe penalties and restrictions.
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Community of Interest: Clarity or Confusion?
Most franchise practitioners are familiar with the statutory requirements of a marketing plan and substantial association with a trademark, and are generally comfortable with their meanings. But "community of interest," which a number of statutes substitute for the marketing plan requirement, does not have a common everyday meaning, and has received confusing, sometimes contradictory, interpretations from the courts.
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Limiting The Franchisor's Liability For Pre-Sale Disclosure Violations
Originally published in Franchise Lawyer, Fall 2001 at 7. For more information or a copy of the article, please contact [email protected].
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Advertising Tips for Franchisors: Knowing the Laws and Regulations
Many franchise companies have recently increased their advertising efforts to attract new franchisees. Prior to mounting an advertising campaign it is important that a franchisor be aware of the basic laws related to advertising for prospective franchisees.
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Sales Programs that Involve Franchisees
Originally published in Franchise Update, April/May 2001 at 47. For information or a copy of the article, please contact [email protected].
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The Untapped Sales Potential of Existing Franchisees
Originally published in Franchise Update, April 2001.
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Franchising Your Business: Changes in Latitude, Changes in Attitude
You may initially scoff at franchising your business, thinking only retail sales businesses like McDonalds are successful at franchising. For many service businesses that have entered the franchise arena, this is untrue. In fact, many service businesses have used franchising to spur growth, increase the public’s awareness of the services the business offers, and expand nationally as well as internationally.
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Franchising Your Business: Understanding an Often Overlooked Growth Strategy
Originally published in Minnesota Business, May 2000.
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Franchisor Involvement in Real Estate
Originally published in Franchise Law Journal,Vol. 18, No. 4, Spring, 1999.
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Showing articles for Joseph J Fittante
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