The Bundy Law Firm is proud to announce that partners Howard Bundy and Caroline Fichter have been selected as the 2021 Franchise Times Legal Eagles. The Franchise Times named Caroline Fichter as a Legal Eagle and Howard Bundy entered the Legal Eagle Hall of Fame.
When you launched your business and set up a limited liability company, you probably signed an operating agreement. Your operating agreement is essentially an agreement among the owners about how the business will be operated.
Franchisors require virtually every person who buys a franchise to sign a personal guarantee, even if they plan to operate the franchise through a through a corporation or limited liability company. You should think twice (or more) before signing a personal guarantee.
In evaluating and buying a franchise, there are many things you should consider. Not every franchise is a good investment.
The Financial Accounting Standards Board (FASB) met on April 8, 2020 and agreed to delay the effective date of the modified Rule 606, which changed the way companies recognized revenues. In effect, the extension would be for one year.
Over the last few weeks, franchisees across the country have been faced with challenges no one ever imagined. Franchisees operate in some of the hardest hit businesses including fitness, food service, and health and beauty. Whether your business has suffered from a sudden drop in sales, shifted to take out only, or been forced to close, Coronavirus is likely forcing you to ask hard questions about how your franchised business can survive.
Following best practices, franchisors must adjust to new accounting rules, which take effect for reporting years beginning January 1, 2019 for most franchisors. Publicly traded franchisors were required to comply for reporting years beginning January 1, 2018.
Do you wonder whether there is value in hiring a franchisee attorney to review your Franchise Disclosure Document (FDD) before you commit to buying a franchise? Every prospective franchise asks that question. The question is legitimate. The answer is a resounding “yes”. A few hundred dollars invested today can literally save you and your family from personal bankruptcy.
When buying a franchise, you should beware of “freedom of contract”. Freedom of contract is a bedrock concept of the legal system. It presumes that every person understands every word of every contract and that their “self-interest” will cause them to not sign unfair or ill-advised contracts.
If you follow best practices as a franchisee, you will never use the computer for personal matters. It is tempting and far more convenient, but extremely dangerous. Most franchise agreements give the franchisor “unfettered” access to your computer and all information on it. If you email your sister complaining about how the franchisor treated you, the franchisor has the right to read it, and you should assume they will.
