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CH 36: Small businesses and franchises

Starting a business

  • What to consider when forming a business

    • ease of creation

    • the liability of the owners

    • tax consideration, and

    • the ability to raise capital

Sole proprietorship

any individual who does business without any legal entity

  • popularity

  • size

    • easy to set up

  • advantages

    • tax credit

  • disadvantages

    • liability

Franchises

any arrangement in which the owner of intellectual property such as trademark, a trade name, or a copy right licenses other to use it in the selling of goods or services

  • rights to other businesses

  • Types:

    • distributorship

      • licenses a dealer (the franchisee) to sell its product

        • such as automobile dealerships or beer distributorships

    • chain style business operations

      • operates under a franchisor’s trade name and is identified as a member of a select group of dealers that engage in the franchisor’s business

        • such as real estate brokerage firms ,tax-preparing services, or fast food chains

    • manufacturing arrangement

      • the franchisor transmits to the franchisee the essential ingredients or formula to make a particular product

        • such as pepsi-cols or other soft drink bottle companies

Franchise law

  • goods → UCC (uniform commercial code)

  • federal regulation

    • federal trade commission

  • franchise rule

    • requirements

      • franchisors to disclose certain material facts that a prospective franchisee needs in order to make an informed decision

Franchise contract

  • payment

  • business premises

  • location

  • business organization

  • sales quotas

  • quality control

  • pricing

Franchise termination

  • term

  • for cause

    • notice and opportunity to cure

  • wrongful termination

  • good faith and fair dealing