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Leasing Tips for Franchisors

Created: Monday, 16 November 2015 10:01

At Brookfields our franchise lawyers are regularly asked to review leases on behalf of our clients who are proposing to purchase a franchise business.  The lease will contain significant long term obligations on the franchisee which can last after the have sold the franchise business.  A franchise lawyer will look very carefully at the terms of the lease and the implications for their client.  A badly negotiated lease can make it extremely difficult to sell a franchise and can affect the long term profitability of the franchise business. 

By understanding what a franchise lawyer looks at when reviewing a lease franchisors can tailor their lease negotiations to address these issues where possible. Brookfield's franchise lawyers have prepared this guide to help franchisors understand the issue which they consider when reviewing leases. 

This guide contains a list of some of the issues which a franchise lawyer will consider when reviewing a lease.  However, it is not meant to be a definitive list of all of the issues a franchise lawyer will look at.  There are of course other issues which Brookfields' franchise lawyers will look at depending on the individual circumstances of our franchisee client, the franchise system and the premises. 

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Are your Terms of Trade up to scratch?

Created: Sunday, 15 November 2015 21:30

Your terms of trade (also called your terms and conditions or terms of supply) ("Terms") are one of the most important if not the most important document you give your customers. Well drafted and well thought out terms of trade can be the difference between getting paid in a reasonable amount of time or not or even worse not getting paid at all. They can also effectively limit your liability in certain situations. Brookfields Lawyers regularly help business owners ensure that their terms of trade provide them with the protection they need.

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Unpicking the Unholy Relationship between Local Authorities and their CCOs

Created: Monday, 09 November 2015 14:26

Few relationships in local government come under more stress.  The Controller and Auditor-General has produced a report offering practical guidance on how the principles of good governance apply to setting up, operating and monitoring of council-controlled organisations (CCOs).

Refer to Governance and accountability of council-controlled organisation September 2015.

What is in the report?

Drawing on earlier reports in 1994 and 2001 dealing with public entities and their subsidiaries, and on interviews and case studies of eight of the larger urban local authorities, the Auditor-General has provided updated observations and advice for all local authorities.  The report should also be compulsory reading for those public and media commentators who persistently blur the line between councils and their CCOs.

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I am receiving an inheritance - do I have to share it with my spouse/partner?

Created: Wednesday, 28 October 2015 22:27

THE PROPERTY (RELATIONSHIPS) ACT 1976 ("THE ACT")

The Act applies to all marriages, civil unions and de facto relationships. The Act deals with the division of property upon the end of a relationship whether that be through death or separation.

Under the Act property is divided into two categories:

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New Director requirements in force 28 October 2015

Created: Thursday, 22 October 2015 21:30

This year has seen the implementation of a number of changes to the information companies must provide to the Registrar of Companies and also to the requirements for directors.

All new companies and all companies filing annual returns must now provide details of the dates and places of birth of their directors and their ultimate holding company. If there are changes in the ultimate holding company notice of these changes must be given to the Registrar of Companies within 10 working days of the change. A director's birth information is not made public.

From 1 May 2015 all new companies were required to have at least one director that either lives in New Zealand or lives in Australian and is a director of an Australian company.

On 28th October 2016 this requirement will be extended to existing companies and all companies filing annual returns after this date must indicate whether any director is living in Australia is also a director of a company incorporated in Australia and provide details of that company.

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A Franchisor's Guide to General Security Agreements

Created: Tuesday, 20 October 2015 09:55

A Franchisor's Guide to General Security Agreements (GSA's)

It is becoming increasing common for franchisors to require their franchisees to enter into a General Security Agreement or a GSA as it is more commonly known. This guide aims to assist franchisors to make informed choices about whether or not they should require their franchisees to enter into a GSA and if they do, what priority should their GSA have when compared with a bank's GSA?

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