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Vol 6 (2008) - Issue 4

Exporting your franchise to Canada - Disclosure and beyond

Bruno Floriani and Marvin Liebman, Lapointe Rosenstein, LLP, Montreal

Franchisors seeking to export their franchise systems to Canada must take into account a number of important legal, tax and commercial considerations. This article provides an authoritative overview of the many areas of law which impact on franchising in Canada at both the federal and provincial levels.

United States – New disclosure protocol under the revised FTC franchise rule

David W. Oppenheim, Partner, Kaufmann, Feiner, Yamin, Gildin & Robbins LLP, New York

The new FTC Franchise Rule has dramatically changed a franchisor’s obligations under federal law as regards pre-sale disclosure. The Revised Rule has substantial benefits for franchisors, particularly as it provides additional exemptions from disclosure obligations and authorises franchisors to engage in pure electronic disclosure. This article presents a comprehensive and detailed analysis of the new disclosure obligations and triggers.

Italy - Termination of master franchise agreements and the consequences

Aldo Frignani and Alessandra Sonnati, Frignani e Associati, Turin

The termination of master franchise agreements in Italy is governed by the general provisions of contract law. This article provides a detailed overview of how master franchise agreements can be terminated and considers the consequences of termination with regard to the sub-franchisees.