Franchise Law Practice

Services > Commercial and Corporate Advisory > Franchising

 

Rostron Carlyle’s Franchising team advises clients on all aspects of franchise law ranging from set-up and compliance to roll out, individual franchisees sales and purchases and post settlement compliance and mediation.

 

Establishing and running your franchise

	General Franchising advice about turning your business into a successful franchise system
	Protecting your intellectual property through trade marking and licensing agreements
	Drafting your franchise disclosure documents with a view to capturing motivated franchisees
	Negotiation with franchisees and their legal advisers
	Contract administration from execution to the settlement of the sale of each business system
	Post settlement franchisees issues including, non-compliance, mediation, termination and franchise term renewal
	Assistance with long term Code compliance to protect your cash flow and investment

 

Compliance

Compliance with the requirements of regulatory legislation such as:

	Trade Practices (Industry Codes – Franchising) Regulations 1998 - Franchising Code of Conduct compliance
	Trade Practices Act 1974 (Cth)
	Government Licensing

 

Franchise Purchase

Helping you consider and invest in the right franchise for your circumstances. Assistance with:

	General franchise advice on what to expect as a business owner, asset protection and business succession planning prior to signing
	Review of draft contracts and disclosure material
	Negotiations with the franchisor and their legal advisor
	Due diligence – the business system on offer, the vendor, the premises and the franchisor
	Collating and presenting your material to the franchisor to gain approval
	Stamp duty considerations and stock-take issues
	Post settlement franchisor issues such as compliance, Code infringements, alleged breaches, mediation and termination
	Updates on compliance with the Code and invitations to seminars to stay updated
	Assistance in putting your franchise under safe and effective management
	Assistance with staffing issues – retention, employment contracts, termination

 

Franchisee Sales

Helping you to move your investment on smoothly. Assistance with:

	Finding the right broker to sell your business
	Liaising with your franchisor and their legal advisers to ensure a timely settlement
	Drafting contract of sale (where needed) and lease disclosure material
	Proactive interaction with franchisees and their legal advisors to ensure a timely settlement
	Negotiating with landlords and their legal advisers (where needed)
	Contract administration from execution to settlement and the presentation of your settlement cheque

 

Allied Professionals

	Referrals to finance and insurance professionals to ensure your structures are protective and tax effective
	Referrals to brokers to sell your franchise system
	Assistance in sourcing commercial premises from retail and commercial premises specialists

 

Franchise Law expertise

Our clients include both large and small private companies, listed entities and growth companies.  It is our job to advise clients of risk (and opportunities) so that they can make informed and timely decisions. 

 

Most importantly, you’ll find that a Rostron Carlyle lawyer can not only distill a complex legal issue into a set of actionable options, but they will be a person you can relate to.  We'll talk your language.

 

 

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