Franchising
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Product description
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Legal, business and tax considerations of modern franchising, synthesized into a unified picture.
Covers:
• The requirements of the FTC Franchising Rule, including the text of the Rule
• State and federal disclosure; and registration requirements, including the text and analysis of the new Uniform Franchise Offering Circular (UFOC)
• The franchise relationship
• Clause-by-clause analysis of franchise agreements
• Franchise alternatives; distributorship, leases, branch operations, limited partnerships, and more
• Federal taxation of franchising
• Antitrust considerations, trademarks, and trade names, real property, insurance
• Bankruptcy of the franchisor and franchisee
Franchising includes the text of federal special industry laws; the text of state franchising and business opportunities statutes, regulations, and forms; summaries of state special industry laws; and more.
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Table of contents
VOLUME 1
PART I The Franchise Relationship
CHAPTER 1 Introduction
CHAPTER 2 Nature of Franchise Relationship
CHAPTER 3 Choice of Franchise Method of Expansion
PART II Franchisor Issues
CHAPTER 3A Protecting the Franchisor's Rights in Intangible Property
CHAPTER 3B Franchising and The Internet
CHAPTER 4 Legal Pitfalls of Franchise Operations
CHAPTER 4A Consumer Protection
CHAPTER 5 Taxation of Franchisors and Subfranchisors
CHAPTER 6 Conversion from a Company Operated to a Franchised Sales Operation
CHAPTER 7 Dual Distribution and Encroachment
CHAPTER 8 Selling Franchise Opportunities: Disclosure and Registration Requirements
CHAPTER 8A Franchising Abroad
CHAPTER 8B Taxation of International Franchising Arrangements
PART III The Franchise Agreement
CHAPTER 9 Considerations in Developing the Agreement
CHAPTER 9A Negotiating and Administering the Franchise Agreement
CHAPTER 10 Provisions of the Franchise Agreement
VOLUME 2
CHAPTER 11 Analysis of Typical Franchise Agreements
CHAPTER 12 Real Property and the Franchised Business
CHAPTER 13 Litigation and Dispute Settlement
CHAPTER 13A The Effect of Bankruptcy on Franchising
PART IV Franchisee Issues
CHAPTER 14 Advising the Prospective Franchisee
CHAPTER 15 Financing the Franchise Purchase
CHAPTER 16 Federal Taxation of Franchisee's Operation
CHAPTER 17 Franchise Business and Estate Planning
CHAPTER 18 Franchisee's Responsibility for State and Local Taxes
CHAPTER 19 The Franchisee's Employment Obligations
CHAPTER 20 The Franchisee and Consumer Protection
VOLUME 3
PART V State Statutes, Regulations and Forms
CHAPTER AK Alaska
CHAPTER AL Alabama
CHAPTER AR Arkansas
CHAPTER AZ Arizona
CHAPTER CA California
CHAPTER CO Colorado
CHAPTER CT Connecticut
CHAPTER DC District of Columbia
CHAPTER DE Delaware
CHAPTER FL Florida
CHAPTER GA Georgia
CHAPTER HI Hawaii
CHAPTER IA Iowa
CHAPTER ID Idaho
CHAPTER IL Illinois
CHAPTER IN Indiana
CHAPTER KS Kansas
CHAPTER KY Kentucky
CHAPTER LA Louisiana
CHAPTER MA Massachusetts
CHAPTER MD Maryland
CHAPTER ME Maine
VOLUME 4
CHAPTER MI Michigan
CHAPTER MN Minnesota
CHAPTER MS Mississippi
CHAPTER MO Missouri
CHAPTER MT Montana
CHAPTER NB Nebraska
CHAPTER NV Nevada
CHAPTER NH New Hampshire
CHAPTER NJ New Jersey
CHAPTER NM New Mexico
CHAPTER NY New York
CHAPTER NC North Carolina
CHAPTER ND North Dakota
CHAPTER OH Ohio
CHAPTER OK Oklahoma
CHAPTER OR Oregon
CHAPTER PA Pennsylvania
CHAPTER PR Puerto Rico
CHAPTER SC South Carolina
CHAPTER SD South Dakota
CHAPTER TN Tennessee
CHAPTER TX Texas
CHAPTER UT Utah
CHAPTER VT Vermont
CHAPTER VA Virginia
CHAPTER WA Washington
PART VI International Laws
CHAPTER ONT Ontario
CHAPTER PEI Prince Edward Island
CHAPTER ALTA Alberta
VOLUME 5
PART VII FTC Regulations, Guidelines and Model Acts
Appendix A: Federal Trade Commission Franchise Disclosure Trade Regulation Rule
Appendix A-1: Guides to Federal Franchising Trade Regulation Rule
Appendix A-1A Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunities; Final Rule
Appendix A-2: Federal Trade Commission Enforcement Protocol for Franchise Rule
Appendix B: Federal Trade Commission: Questions and Answers Summary of FTC
RULE
Appendix B-1: FTC Guide to Buying a Franchise or Business Opportunity
Appendix C: Federal Trade Commission Guides for Advertising Allowances and Other
Merchandising Payments and Services
Appendix C-1: FTC Telemarketing Sales Rule
PART VIII NASAA Guidelines
Appendix D: Uniform Franchise Registration Application Guidelines for Preparation of
the UFOC
PART IX Uniform and Model Act
Appendix E: Uniform Franchise and Business Opportunities ACT
Appendix F: Model Franchise Investment Act
PART X Federal Statutes and International Treaties
Federal Statutes
International Treaties and Agreements
Index