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Franchising Code of Conduct - Changes in the Wind
The Report on the Review of the Franchising Code of Conduct (“the Code”) conducted by Mr Alan Wein was released on 17 May 2013 ("the Wein Report").
The Wein Report makes 18 recommendations and it will be interesting to see if the Government accepts and implements all of the recommendations. Of course, the devil will be in the detail and we hope that such detail will be clearly drafted, unlike past attempts.
Most, but not all, of the recommendations are sensible in our view. For the time being, participants in the franchise sector need to be wary of these recommendations and may need to start planning in anticipation of them all being accepted via amendments to the Code and other associated legislation.
The recommendations and our comments are set out in the following detailed article.
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Restrictive Covenants - What, Why, How?
Many people don't realise there is a restrictive covenant affecting their title until they come to do some sort of renovation or development. There are ways of removing restrictive covenants from land, however, a modification to its terms may be sufficient to allow a particular development or proposal to proceed.
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Cyber-Squatter Disputes - Are you Master of Your Domain?
Business is changing. It isn't enough anymore to get by with a brick and mortar retail shop. Businesses are expanding and are now taking orders and selling goods and services online. So you do the leg-work to start trading online, you have chosen your domain name and registered your trade marks, but unfortunately, someone has already registered the domain name you needed. So what can you do to register your preferred domain name?
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Succession Planning for Franchisors
All business owners must create and put in place a strategy for one day exiting their businesses. This strategy is widely known as succession planning. Succession planning is about dealing with the inevitable - death or retirement. However, factors such as illness, disputes with business partners, bankruptcy or an offer simply "too good to refuse" may drive the need to exit a business. The key to succession planning is always striving to keep the business in a "sale ready" condition in order to maximise the price a purchaser is willing to pay and make it easy for the business to be sold on short notice (if necessary or desirable).
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