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|B.C. Even Closer to Enacting Franchise Legislation|
Jordanna Cytrynbaum, Miriam Isman, Adam Ship; McCarthy Tétrault LLP;
April 23, 2014, previously published on April 3, 2014British Columbia has no special franchise legislation - franchise relationships are governed by the terms of franchise agreements and the common law of contracts. However, a new report reveals that interested parties are largely in favour of changing this regime through the introduction of...
|New York Tax Reform Made Easy: Business Income Base and Tax Rate|
Sutherland Asbill Brennan LLP;
April 17, 2014, previously published on April 15, 2014The New York State Governor and Legislature recently enacted the 2014-2015 New York State Budget, Senate Bill 6359-D and Assembly Bill 8559-D (Budget), which results in the most significant overhaul of New York’s franchise tax on corporations in decades. In this edition of New York Tax Reform...
|The British Columbia Law Institute Recommends Franchise Legislation in that Province|
Frank Robinson, Derek Ronde, Geoffrey B. Shaw, Rebecca Valo, Larry M. Weinberg; Cassels Brock & Blackwell LLP;
April 16, 2014, previously published on April 11, 2014After months of consultation with industry stakeholders, the British Columbia Law Institute (“BCLI”) has issued its Report on a Franchise Act for British Columbia (the “Report”), which makes a recommendation to the Government of the Province of British Columbia to enact...
|Teaching Old Dogs New Tricks - Changes to The Canada Small Business Financing Regulations|
Jonathan Fleisher, Kerian Wallace; Cassels Brock & Blackwell LLP;
April 16, 2014, previously published on April 9, 2014The Canada Small Business Financing Program (“CFBFP”) was first introduced over 40 years ago by the Federal Government to provide small and medium sized businesses greater access to financing, through this government guaranteed loan program. When initially introduced, banks readily...
|Incorrect Turnover Projections Can Justify Damages Claims - Franchise Law|
Michael Rainer, Michael Rainer; GRP Rainer LLP;
April 4, 2014, previously published on April 4, 2014If a franchisee is not informed that turnover projections are based merely upon estimations then it is entitled to damages claims with respect to the turnover figures that have not been achieved.
|Tesla Disrupts Old School Dealer Model|
Jeffrey A. Soble; Foley & Lardner LLP;
March 25, 2014, previously published on March 24, 2014The staggering pace of innovation has led to a number of industries being disrupted by upstarts providing similar services or products outside of the established model. Want a taxi? Use Uber. Need a hotel? Try Airbnb. Looking to watch television or a movie? The choices are almost already endless:...
|Are You An Accidental Franchisee?|
Houser Henry Syron LLP;
March 10, 2014Think “Franchise”, and some of the major restaurant and retail chain logos likely spring to mind. While
this is correct, the types of businesses that qualify as a franchise extend far beyond what you might imagine. In reality, many different types of business relationships can result...
|Franchisor Issues in a Lease to a Franchisee: How to Avoid Allowing the Franchisor to Crash the Party|
David J. Tracy; Hinckley, Allen & Snyder LLP;
March 10, 2014, previously published on February 27, 2014This article will address issues which arise in the context of a lease by a landlord to a franchisee and the issues raised by a franchisor in a proposed addendum to the lease. The franchisor has legitimate interests it desires to protect. A well-structured document will allow those interests to be...
|Save The Date: Delaware Wants Your Franchise Taxes|
Foley Lardner LLP;
March 6, 2014, previously published on February 27, 2014If you’ve been keeping tabs on strategy for franchise tax payments in Delaware, you’re probably already aware that annual reports and franchise tax payments are due in the near future. For for-profit corporations filed with the Division of Corporations of the Secretary of State of...
|Lease Considerations for Franchised Businesses|
Renee Gerstman, Susan E. Wells; Jaburg Wilk;
March 6, 2014Franchised businesses pose unique leasing issues that the broker or agent should be aware of at the outset of the representation. The primary difference is that in the franchise context, you will need to satisfy your client, the franchisee, and the franchisor. Ask your franchisee client for any...