Tag: Franchises, Business Opportunities, and Investments

Discusses the circumstances under which, in providing earnings information to loan processing officials at lending institutions to assist prospective franchisees in obtaining loans, franchisors may...

Discusses the conditions under which disclosures required by the Franchise Rule may be provided to prospective franchisees on a computer diskette.

Applicability of the fractional franchise exemption to a rehabilitative services franchise licensed to two types of medical providers.

Apparent applicability of the Franchise Rule to a joint venture and license agreement. Discusses the ineffectiveness of transfers to affiliated companies of ownership of the mark and of franchisee...

Inapplicability of the Franchise Rule retroactively where the parties anticipated at the time of the purchase that the Rule would not apply because the only required payments were deferred until at...

Apparent applicability of the Franchise Rule to mobile food and soft drink trucks identified by a common name. Discusses significant control and required payment elements.

Apparent applicability of the Franchise Rule to a commercial real estate affiliation program. Discusses in detail the likely availability of the fractional franchise exemption to the affiliation...

Apparent applicability of the Franchise Rule to a log cabin distributorship. Discusses the criteria for coverage of product franchises, including the required payment element, and the fractional...

Applicability of the Franchise Rule to vending machine manufacturers and independent marketing companies. An exhaustive discussion of the coverage issues arising in the sale of business opportunity...

Compliance obligation of franchisors to include, in required disclosures about contractual provisions regarding termination of the franchise, information about actual policies and practices of the...

Applicability of the Franchise Rule to a hotel management arrangement. Discusses the "significant assistance" coverage element.

Compliance obligation of franchisor and area sub-franchisor to prepare annual update of joint disclosure statement within 90 days of the close of different fiscal years.

Applicability of the Franchise Rule to a sub-agency licensing arrangement for cellular phone services. Discusses the "required payment" coverage element and the "minimum investment" exclusion from the...

Adequacy of predecessor company's unaudited financial statements to comply with required disclosure of the financial statements of a newly formed franchisor, and to provide substantiation for earnings...

Applicability of the Franchise Rule to a not-for-profit education program. Discusses the lack of a "continuing commercial relationship."

Applicability of the Franchise Rule to a turn-key dry cleaning franchise. Discusses "significant assistance" coverage element.

Applicability of the Franchise Rule to a home-care services sub-contracting arrangement. Discusses "significant control or assistance" and "required payment" coverage elements, and "fractional...

Applicability of the Franchise Rule to computer software distributorship enabling health care providers to order medical and office supplies. Discusses applicability of the Rule to "distributorships"...