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International journal of franchising law

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Recent Articles

Recent developments in franchising in New Zealand

New Zealand does not have any franchise-specific legislation. However, for members of the Franchise Association of New Zealand (FANZ) and for non-members who may choose to do so, there is a Code of Practice and Code of Ethics which must be complied with. There are also robust laws to protect important franchising principles.

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How social franchising can address global social issues

Government programs, charitable organisations and the private business sector have not provided lasting and sustainable solutions to the many social, economic and environmental challenges affecting billions of people worldwide. This challenge offers opportunities for innovative social entrepreneurs and social franchisors and franchisees interested in creating businesses that deliver more than a financial return on investment. This article explores how social franchising is starting to make a difference in this struggle to make the world a better place for all.

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Advocating to protect the franchise business model – Stories from the trenches on the joint employer issue

The "joint employer" concept has become a controversial issue in a number of jurisdictions, confirming that the principle of independence of franchisor and franchisee is not universally accepted or understood. An increasing number of legislative and regulatory proposals around the world would blur the boundaries between the franchisors and franchisees on employment related issues. The franchising industry has responded with efforts to educate lawmakers and regulators, and to advocate for the central principle of separation that has greatly contributed to the success of this business model over the last few decades. This article examines the recent episodes in Australia, Canada and the United States, and offers an overview of the resources that are available to franchise advocates around the world who are engaged in such efforts.

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Spanish central franchisors’ registry closes

By virtue of the Royal Decree Act 20/2018 of December 7th, in full force and effect since last December 8, 2018, the existing Spanish Central Franchisors' Registry (dependent on the Ministry of Economy, Industry and Competitiveness) has been closed and the disclosure obligations bestowed on franchisors until such date have been abolished.

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The basic mistakes that franchisors often make and how to avoid them

This journal deals mainly with the technical legal issues that franchisors face when expanding internationally. However, many of the difficulties that franchisors face when embarking upon an international roll out are more managerial and organisational than legal. If lawyers want to be able to support their franchisor clients as they grow internationally, they need to understand what these problems are and how they can help to ensure that they are avoided.

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The state of franchising in the USA

Franchising continues to be a thriving, successful, and growing business model in the U.S., and one that continues to add to the overall economic growth of the country. That is not to say, however, that there are not headwinds facing franchising. For example, the unsettled joint employer standard continues to threaten the fundamental business model. In addition, new threats and challenges arise every year—such as the multiple-prong attack on employee anti-poaching provisions in franchise agreements, or discriminatory minimum wage legislation. Despite areas of concern, franchising appears strong heading into 2019.

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