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1.
Types of vehicle
What forms of business entities are relevant to the typical franchisor?To read more
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2.
Regulation of business formation
What laws and agencies govern the formation of business entities?To read more
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3.
Requirements for forming a business
Provide an overview of the requirements for forming and maintaining a business entity.To read more
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4.
Restrictions on foreign investors
What restrictions apply to foreign business entities and foreign investment?To read more
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5.
Taxation
Briefly describe the aspects of the tax system relevant to franchisors. How are foreign businesses and individuals taxed?To read more
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6.
Labour and employment
Are there any relevant labour and employment considerations for typical franchisors?To read more
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7.
Intellectual property
How are trademarks and know-how protected?To read more
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8.
Real estate
What are the relevant aspects of the real estate market and real estate law?To read more
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9.
Franchising in the market
How widespread is franchising in your jurisdiction? In which sectors is franchising common?To read more
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10.
Legal definition
What is the legal definition of a franchise?To read more
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11.
Franchise laws and agencies
Which laws and government agencies regulate the offer and sale of franchises?To read more
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12.
Principal franchise requirements
Describe the relevant requirements of these laws and agencies.To read more
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13.
Exemptions
What are the exemptions and exclusions from any franchise laws and regulations?To read more
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14.
Franchisor eligibility
Does any law or regulation create a requirement that must be met before a franchisor may offer franchises?To read more
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15.
Franchisee and supplier selection
Are there any laws, regulations or government policies that restrict the manner in which a franchisor recruits franchisees or selects its or its franchisees’ suppliers?To read more
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16.
Pre-contractual disclosure
What is the compliance procedure for making pre-contractual disclosure in your country? How often must the disclosures be updated?To read more
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17.
Pre-sale disclosure to sub-franchisees
In the case of a sub-franchising structure, who must make pre-sale disclosures to sub-franchisees? If the sub-franchisor must provide disclosure, what must be disclosed concerning the franchisor and the contractual or other relationship between the franchisor and the sub-franchisor?To read more
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18.
Due diligence
What due diligence should the parties undertake before entering a franchise relationship?To read more
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19.
What must be disclosed
What information must the disclosure document contain?To read more
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20.
Continuing disclosure
Is there any obligation for continuing disclosure?To read more
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21.
Disclosure requirements - enforcement
How do the relevant government agencies enforce the disclosure requirements?To read more
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22.
Disclosure violations - relief for franchisees
What actions can franchisees take to obtain relief for violations of disclosure requirements? What are the legal remedies for such violations? How are damages calculated? If the franchisee can cancel or rescind the franchise contract, is the franchisee also entitled to reimbursement or damages?To read more
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23.
Disclosure violations - apportionment of liability
In the case of sub-franchising, how is liability for disclosure violations shared between franchisor and sub-franchisor? Are individual officers, directors and employees of the franchisor or the sub-franchisor exposed to liability? If so, what liability?To read more
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24.
General rules on offer and sale
In addition to any laws or government agencies that specifically regulate offering and selling franchises, what are the general principles of law that affect the offer and sale of franchises? What other regulations or government agencies or industry codes of conduct may affect the offer and sale of franchises?To read more
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25.
General rules on pre-sale disclosure
Other than franchise-specific rules on what disclosures a franchisor should make to a potential franchisee or a franchisee should make to a sub-franchisee regarding predecessors, litigation, trademarks, fees, etc, are there any general rules on pre-sale disclosure that might apply to such transactions?To read more
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26.
Fraudulent sale
What actions may franchisees take if a franchisor engages in fraudulent or deceptive practices in connection with the offer and sale of franchises? How does this protection differ from the protection provided under franchise sales disclosure laws?To read more
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27.
Franchise relationship laws
Are there specific laws regulating the ongoing relationship between franchisor and franchisee after the franchise contract comes into effect?To read more
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28.
Operational compliance
What mechanisms are commonly incorporated in agreements to ensure operational compliance and standards?To read more
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29.
Amendment of operational terms
May the franchisor unilaterally change operational terms and standards during the franchise relationship?To read more
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30.
Other laws affecting franchise relations
Do other laws affect the franchise relationship?To read more
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31.
Policy affecting franchise relations
Do other government or trade association policies affect the franchise relationship?To read more
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32.
Termination by franchisor
In what circumstances may a franchisor terminate a franchise relationship? What are the specific legal restrictions on a franchisor’s ability to terminate a franchise relationship?To read more
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33.
Termination by franchisee
In what circumstances may a franchisee terminate a franchise relationship?To read more
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34.
Renewal
How are renewals of franchise agreements usually effected? Do formal or substantive requirements apply?To read more
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35.
Refusal to renew
May a franchisor refuse to renew the franchise agreement with a franchisee? If yes, in what circumstances may a franchisor refuse to renew?To read more
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36.
Transfer restrictions
May a franchisor restrict a franchisee’s ability to transfer its franchise or restrict transfers of ownership interests in a franchisee entity?To read more
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37.
Fees
Are there laws or regulations affecting the nature, amount or payment of fees?To read more
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38.
Usury
Are there restrictions on the amount of interest that can be charged on overdue payments?To read more
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39.
Foreign exchange controls
Are there laws or regulations restricting a franchisee’s ability to make payments to a foreign franchisor in the franchisor’s domestic currency?To read more
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40.
Confidentiality covenant enforceability
Are confidentiality covenants in franchise agreements enforceable?To read more
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41.
Good-faith obligation
Is there a general legal obligation on parties to deal with each other in good faith during the term of the franchise agreement? If so, how does it affect franchise relationships?To read more
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42.
Franchisees as consumers
Does any law treat franchisees as consumers for the purposes of consumer protection or other legislation?To read more
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43.
Language of the agreement
Must disclosure documents and franchise agreements be in the language of your country?To read more
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44.
Restrictions on franchisees
Describe the types of restrictions placed on the franchisees in franchise contracts.To read more
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45.
Competition law
Describe the aspects of competition law in your country that are relevant to the typical franchisor. How are they enforced?To read more
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46.
Courts and dispute resolution
Describe the court system. What types of dispute resolution procedures are available relevant to franchising?To read more
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47.
Arbitration - advantages for franchisors
Describe the principal advantages and disadvantages of arbitration for foreign franchisors considering doing business in your jurisdiction.To read more
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48.
National treatment
In what respects, if at all, are foreign franchisors treated differently from domestic franchisors?To read more
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Updates and trends
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