Applicability of the Franchise Rule to computer software distributorship enabling health care providers to order medical and office supplies. Discusses applicability of the Rule to "distributorships" and the "significant control or assistance" coverage element.
Apparent inapplicablity of Franchise Rule to manufacturer's dealership program in which sole arguable payment to the manufacturer would occur, if at all, as a result of manufacturer's right to share in the proceeds of any sale of dealership assets.
Compliance obligation of franchisors to include, in required disclosures about contractual provisions regarding termination of the franchise, information about actual policies and practices of the franchisor. Discusses obligation to disclose such policies as permitting franchisees to...
Compliance obligation of franchisor and area sub-franchisor to prepare annual update of joint disclosure statement within 90 days of the close of different fiscal years.
Apparent applicability of the Franchise Rule to a joint venture and license agreement. Discusses the ineffectiveness of transfers to affiliated companies of ownership of the mark and of franchisee waivers to avoid coverage or compliance obligations.
Apparent applicability of the Franchise Rule to a commercial real estate affiliation program. Discusses in detail the likely availability of the fractional franchise exemption to the affiliation arrangement.
Addresses a request to conduct a demonstration project for electronic compliance with the Franchise Rule.
Discusses the applicability of the Franchise Rule to a license to use a method designed to increase sales of experienced businesses.
Apparent applicability of Franchise Rule to distributorships for the sale of print advertising in regional or national publications.
Discusses the conditions under which disclosures required by the Franchise Rule may be provided to prospective franchisees on a computer diskette.
Determines that the Rule does not prevent a franchisor from amending its disclosure document and franchise agreement after the tender of a signed contract and payment from a prospective franchisee, and that the question of whether a contract was formed by the tender is a matter of...
Discusses business consultants' obligation to furnish disclosure documents.
Discusses the circumstances under which, in providing earnings information to loan processing officials at lending institutions to assist prospective franchisees in obtaining loans, franchisors may not be obligated to provide earnings claim disclosures.
Inappplicability of the Franchise Rule to possible co-branding relationship in which a licensor's system is to be sub-licensed by a third party franchisor to its franchesees, even though the license to the franchisor is covered by the Rule.
Discusses disclosure updating requirements, concluding that the Rule permits an additional update after the most recent quarterly update to disclose new litigation against a franchisor, but requires such an update only if the franchisor makes earnings claims and the litigation is...
Discusses whether a non-profit, tax exempt corporation qualifies as a "franchisor" under the Franchise Rule.
Provides guidance on how a franchisor may comply with the Franchise Rule via the Internet.
Discusses the application of the Franchise Rule to a business arrangment involving multiple limited liability "strategic partners."
Clarifies a previous opinion addressing when a future payment may satisfy the Rule's minimum payment requirement.
Discusses the application of the Franchise Rule to a program offering advertising opportunities involving Internet Web sites.