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Posts Tagged ‘Franchise Attorneys’

There has been a growing interest in franchising in Canada as of late. This is because the industry is booming. As a matter of fact, nearly half of all new retail businesses in the country are franchises. Before putting up a franchise business in Canada, a potential franchisor must first be aware of the different Canadian laws that concern the franchising business. A good way to do this is to hire a attorney in franchise.

Some of the services of a attorney in franchise are: preparing and reviewing disclosure documents; drafting, reviewing, and negotiating franchise agreements; giving advice on the application of franchise laws and regulations; registering and licensing trademarks; and mediating or litigating commercial disputes. Because Canadian franchise lawyers are experts in the field of franchising, they are well-equipped to protect their clients’ business interests. Their services are invaluable not only during the start-up phase, but are essential also in the maintenance stage of the franchise business.

One important consideration when setting up a franchise business in Canada is how federal laws directly affect the franchise industry.The Competition Act is an example of legislation that directly affects franchising in Canada. This law prohibits a person engaged in business from influencing the price at which another person offers to supply a product or service within the country. Consequently, the franchisor cannot dictate the price at which the franchisee offers its products or services. Another example would be the Consumer Packaging and Labeling Act, which specifies guidelines for the packaging and labeling of products to be sold in the country. In case the franchisor is in the business of distributing imported goods, this law would require him or her to specify the country of manufacture, as well as the name and address of the importer, on the product label. Most elements of the labeling should also be written in both the country’s official languages: English and French.

These are just a few of the legal-related matters a potential franchisor or franchisee has to consider before starting to conduct business in Canada. Franchise attorneys will be able to answer business-specific queries or concerns.

-C.D.

Franchising is on the rise in Canada. Franchises make up nearly half of all new retail businesses in the country. Consequently, a lot of individuals and businesses are considering going into the franchise business.Before putting up a franchise business in Canada, a potential franchisor must first be aware of the different Canadian laws that concern the franchising business. A good way to do this is to hire a lawyer in franchise.

A Lawyer in franchise possess the expertise to offer their clients invaluable legal advice relating to the franchising industry in Canada, thus protecting their clients’ business interests. The services they provide are essential not only during the start-up stages of the business, but during the maintenance phases as well. These services include: preparing and reviewing disclosure documents; drafting, reviewing, and negotiating franchise agreements; registering and licensing trademarks; giving advice on application of franchise laws and regulations; and mediating or litigating commercial disputes, among others.

One important thing to note before putting up a franchise business in Canada is that some Canadian federal laws have a direct effect on the franchising business. Take, for example, the Competition Act, which prohibits a person who is engaged in the business of producing or supplying a product or service from influencing upward, or discouraging the reduction, of the price at which any other person offers to supply or advertise a product or service within Canada. What this means is, a franchisor is prohibited from establishing the lowest price at which its franchisee is to offer its products or services. The Consumer Packaging and Labeling Act prescribes policies on how products that are sold or distributed in Canada are packaged and labeled. This law would require franchisors to indicate the country of manufacture and the importer’s name and address for products that are imported.  Product labels should also be written in both English and French, Canada’s official languages.

These are just a few of the legal-related matters a potential franchisor or franchisee has to consider before starting to conduct business in Canada. Franchise attorneys will be able to answer business-specific queries or concerns.

-C.D.

Now is a good time to consider exploring and penetrating the Canadian business market. Canada is now considered a franchise industry leader, with nearly half of all its new retail businesses being franchised businesses.There is a lot to learn about successful franchising in Canada, whether you are a franchisor expanding into Canada for the first time, or are a seasoned international franchisor. There are a lot of business and legal issues to consider, including cultural challenges, disclosure compliance, anti-trust laws, and intellectual property protection. Franchisors operating in Canada are subject to both federal and provincial law, so it would be prudent to consult with a Franchise Attorney before setting up your franchise.

The areas of law related to franchising in Canada include licensing; franchise and distribution; intellectual property; multi-level marketing; transporting franchise systems into and from Canada; and general corporate commercial law. Most franchise attorneys offer a comprehensive list of services related to franchising, including preparation of documents, analysis, and advice.

A good franchise attorney is a specialist in his field who is able to meet the needs of various clients. For instance, a startup franchise system may need help with drawing up documentation to sell franchises; a mature international franchise system may want to penetrate the Canadian market; a prospective franchisee would possibly need assistance reviewing documents provided by the franchisor. A franchise lawyer with business experience in franchising is a big plus, since he will be able to give his clients first-hand advice based on his own business experience.

Trademarking and protecting intellectual property are important considerations when one puts up any kind of business. A franchise attorney who is also a registered Canadian trademark agent will be able to properly register the business trademarks, and protect his client’s business from infringement anywhere in the world. The attorney can also provide advice on copyrights, industrial design, and patent issues.

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. At this juncture, the role of Attorney in Franchise will be a vital role. In other sense, both parties engage different Franchise Attorneys for better protection of 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. When a Canadian Franchise Lawyer specifically available, why should hire general attorneys instead of Canadian Franchise Lawyers.

The General Attorneys for other practicing areas may not provide justifiable service that will perfectly provided by the Franchise Attorneys. In most cases suitable Franchise Attorneys amongst referrals can be found by the HRD of the business organisations. The State of Bar Association of the concerned state will provide list of qualified attorneys who have specialization in Franchise laws. Besides many websites also offer attorney directories. According to area and specializations, the Franchise Attorneys can be found by accessing the relevant websites.

Before selectioin of Candian Franchise Lawyer, the Franchisee organisation ensure that proposed Fanchise Attorney should have sufficient exposure in the Candian 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 services that are linked with trademark, service mark, license etc can also be undertaken by Franchise Attorneys. Hence the Franchise Attorneys are required to be hired by Franchisor and Franchisee too.

When Franchise Attorney hired various advantages attached which include providing legal guidance in connection with franchise and distribution systems, providing dispute resolution services of the franchise, effective representation for the areas of sub franchisors, licenses, dealers etc. It is also possible that the. Many areas of practice available to the lawyers, hence the lawyers or attorneys select their area of specialization for effective practice. The practising areas like Franchise, domestic violence and Divorce etc. It is better to hire Franchise Attorney instead general lawyer/attorney.
The Franchisors in Canada must comply the fedeal and provincial laws since Canada consits of ten provinces and three territories. The provincial laws in Canada vary each particularly with Quebec province.

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. Unlike other attorneys, the Canadian Franchise Attorneys provide more concentration than other general attorneys/lawyers. Therefore it is better to engage Canadian Franchise Attorneys as they are preferable in respect of frachise operations in Canada.

-A.R.

Franchising involves a lot of legal documents; one of these documents is the complex Franchise Agreement. It is important for a prospective franchisee to understand what he or she will be signing. Both federal and provincial laws govern franchises in CanadaFor example, franchisors awarding franchises in Ontario and Alberta are required by law to provide the franchisee disclosure documents at least 14 days before the prospective franchisee pays any money or signs any agreement relating to the franchise. Disclosure documents are usually written to benefit the franchisor, although they may also be of help to the franchisee when he or she assesses the nature of the investment. The best way for a potential franchisee in Canada to protect his interests as an investor is to hire a good Canadian Franchise Lawyer.

Before signing a franchise agreement, a potential franchisee should also consider whether the trademark for the franchise is owned or controlled by the franchisor.Franchise law is closely related to trade marking, and most lawyers of franchise with a business background can assist clients with trade marks, copyrights, and patents. Many are also registered trademark agents.

It will also serve a first-time franchisee well to do some research and learn as much as he or she can about franchising. Working with franchise attorneys who can help the franchisee understand his legal obligations.This way, the potential for risks is kept to a minimum. It is always best to investigate before investing. The franchising lawyer can also help the franchisee understand the Franchise Agreement, as well as review and negotiate it on behalf of the latter.

Working with US-based franchisors is another important consideration for potential franchisees.When dealing with a US-based franchisor, the franchisee should ensure that the franchise agreement has been modified in accordance with Canadian laws, customs, and practices. Some franchise agreements may still contain laws specific to the US and not applicable in Canada. Canadian franchising lawyers can inform their clients about these matters, and discuss them with the franchisors.

A franchise lawyer can also counsel the franchisees on the following matters: franchise fees and royalty rates; how advertising funds are to be spent; control of the franchise location lease; percentages of rebates from suppliers; extent of the franchisor’s discretion or right of approval; ease of reselling or renewing the business franchise; rights to buyng the franchise business itself; and how the Alberta Franchise Act and Franchise Act of Ontario may affect the franchise.