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  • Casual Articles - Earnings Claims from Franchisors

    Deciding to Sell your Business
    Deciding to sell your business can be one of the biggest decisions in your life, whatever the reasons are for the sale. It is impossible not to become emotionally attached to your own business. Seeing a business grow can be a wonderful thing on the flip side deciding to sell the business can be gut wrenching experience.Ideally a business owner will have prepared for the sae at least 2 years previously. This process is generally started by assessing the financial state of the business with a view to creating audited financial statements with future projections that show the company's revenue and potential growth.Documentation should be put together to clearly show all transactions, this is vital information for any purchaser, it will allow the company to be easily evaluated. Informati
    ears as an executive at IBM, Lockheed, 3M or Microsoft? You can’t use those pictures either then. Are we sure we wish to get into all this, this is a slippery slope.

    I agree with the commissions comments on the right of the franchisor to determine if they wish to give earnings claims, but also warn the commission that someone can claim that earnings claims were giving, and file a claim even if they

    Leadership: Genuine Service or Ego?
    For about a year, I considered applying for a position on the board of a local non-profit organization whose mission I believe in deeply. I felt that my education, skills, and experience would help them. Eventually, I approached one of the board members and expressed my interest. I was excited at the prospect of being involved in good work; I could not stop talking about it. Two of my friends called board members to express their support for my involvement. Here was my chance to engage in community leadership and to honor my belief in the value of service. T he eagerly awaited call finally came. To my surprise and disappointment the caller said, "Well, we're not sure you're what we need on the board at this time." There was more to the conversation but that sentence was all I heard. My heart sank.
    There has been talk at the Federal Trade Commission of requiring Franchisor’s to give earnings claims in their disclosure documents. The franchise rights groups want it and the consumers need it to help them make a decision. But unfortunately with all the litigation in our nation it is too risky for franchisors. The Federal Trade Commission put forth a report on franchising last summer and has been reviewing the franchise rule in our country. Chances are and most agree in the franchise industry that earnings claims should not be required but should be considered for those franchisors who wish to sell more franchises as it will improve their sales.

    On page 26 of the Franchise Report; the Federal Trade Commission made reference to a potentially gray area of this rule and said they believed that a statement such as:

    “You’ll make so much money you can buy a Porsche!”

    is an earnings claim and maybe it could be considered that. These types of things appear in advertising, brochures and in simple conversation. My question is; Yes, this is in a way an earnings claim, yet are we really interested in regulating normal human interaction? I mean we already have such a sterile world as it is. People are afraid what to say for fear they might get sued? This breaks down communication. Adding to this the FTC wishes to regulate such common conversation? And if a picture is worth a thousand words then what is an advertisement, which has a franchisee next to his house? Did he purchase that exact house through his franchised outlet or was it left to him from his folks or did he buy that house during his many years as an executive at IBM, Lockheed, 3M or Microsoft? You can’t use those pictures either then. Are we sure we wish to get into all this, this is a slippery slope.

    I agree with the commissions comments on the right of the franchisor to determine if they wish to give earnings claims, but also warn the commission that someone can claim that earnings claims were giving, and file a claim even if they w

    Tips For Establishing Business Credit Fast
    Borrowing from the SBABorrowing money is one of the most common sources of funding for a small business, but obtaining a loan isn't always easy. Before you approach your banker for a loan, it is a good idea to understand as much as you can about the factors the bank will evaluate when they consider your loan. This discussion outlines some of the key factors a bank uses to analyze a potential borrower. Also included is a self-assessment checklist at the end of this section for you to complete.Key Points to ConsiderSome of the key points your banker will review:1. Ability/Capacity to RepayThe ability to repay must be justified in your loan package. Banks want to see two sources of repayment - cash flow from the business, plus a secondary source suc
    g the franchise rule in our country. Chances are and most agree in the franchise industry that earnings claims should not be required but should be considered for those franchisors who wish to sell more franchises as it will improve their sales.

    On page 26 of the Franchise Report; the Federal Trade Commission made reference to a potentially gray area of this rule and said they believed that a statement such as:

    “You’ll make so much money you can buy a Porsche!”

    is an earnings claim and maybe it could be considered that. These types of things appear in advertising, brochures and in simple conversation. My question is; Yes, this is in a way an earnings claim, yet are we really interested in regulating normal human interaction? I mean we already have such a sterile world as it is. People are afraid what to say for fear they might get sued? This breaks down communication. Adding to this the FTC wishes to regulate such common conversation? And if a picture is worth a thousand words then what is an advertisement, which has a franchisee next to his house? Did he purchase that exact house through his franchised outlet or was it left to him from his folks or did he buy that house during his many years as an executive at IBM, Lockheed, 3M or Microsoft? You can’t use those pictures either then. Are we sure we wish to get into all this, this is a slippery slope.

    I agree with the commissions comments on the right of the franchisor to determine if they wish to give earnings claims, but also warn the commission that someone can claim that earnings claims were giving, and file a claim even if they

    Know Your Customer's Customer
    In financial year 2003-4 Air bus started a new advertising campaign. In an industry, like aircraft, so much matured, there was a tendency in aircraft producers to target the big and medium airlines and governments of countries for their big contract running in billion of dollar. Most of second half of 20th century was dominated by Boeing. Its 747 has just no parallel, the biggest monster flying in the sky. People were happy to see 747. Air Bus was challenger to Boeing. She turned the table. ‘Air Bus started thinking about one level down, the Airlines’ customers. They started targeting the fliers. By highlighting comfort and security issues of an aircraft and launching the next biggest flying machine, A380.Does anyone take notice?You bet. They did. Air Bus wanted people to ask their ai
    t such as:

    “You’ll make so much money you can buy a Porsche!”

    is an earnings claim and maybe it could be considered that. These types of things appear in advertising, brochures and in simple conversation. My question is; Yes, this is in a way an earnings claim, yet are we really interested in regulating normal human interaction? I mean we already have such a sterile world as it is. People are afraid what to say for fear they might get sued? This breaks down communication. Adding to this the FTC wishes to regulate such common conversation? And if a picture is worth a thousand words then what is an advertisement, which has a franchisee next to his house? Did he purchase that exact house through his franchised outlet or was it left to him from his folks or did he buy that house during his many years as an executive at IBM, Lockheed, 3M or Microsoft? You can’t use those pictures either then. Are we sure we wish to get into all this, this is a slippery slope.

    I agree with the commissions comments on the right of the franchisor to determine if they wish to give earnings claims, but also warn the commission that someone can claim that earnings claims were giving, and file a claim even if they

    Nevada LLC Operating Agreements
    Nevada is considered a haven for business owners who want to create a new corporation or a limited liability company or LLC. The state of Nevada offers complete protection to the officials, agents and members of the LLC, in case of a lawsuit filed against them. In order to operate a limited liability company in Nevada, an operative agreement is necessary. The operating agreement defines the nature of business, general operation and conduct of the affairs, of the company. This agreement also outlines the voting powers of each member and the buy-sell requirements that govern the stand taken by the company in case of members want to sell their interest.An LLC operating agreement enables the business owners to constitute their financial and professional relationships with their partners and emp
    fraid what to say for fear they might get sued? This breaks down communication. Adding to this the FTC wishes to regulate such common conversation? And if a picture is worth a thousand words then what is an advertisement, which has a franchisee next to his house? Did he purchase that exact house through his franchised outlet or was it left to him from his folks or did he buy that house during his many years as an executive at IBM, Lockheed, 3M or Microsoft? You can’t use those pictures either then. Are we sure we wish to get into all this, this is a slippery slope.

    I agree with the commissions comments on the right of the franchisor to determine if they wish to give earnings claims, but also warn the commission that someone can claim that earnings claims were giving, and file a claim even if they

    Managing Garment Merchandising
    IntroductionThe textile and garment industry is booming in India, especially after elimination of the global quota system. Presently India is exporting garments to more than 100 countries including US, EU, Latin America, and Middle East. Last year, garment export was nearly $5000 million and about 1200 million pieces. The main competitors of India are countries like China, Korea, Pakistan, Bangladesh, Malaysia, and Sri-Lanka.The Indian garment industry is gaining ground in the world market at breakneck speed, but still not flourished at its fullest extent. Although the resources are available plentiful with a powerful foundation of fabric and spinning sector to support. The key factors behind this are low technological development, lower output, cut throat competition, high raw materi
    ears as an executive at IBM, Lockheed, 3M or Microsoft? You can’t use those pictures either then. Are we sure we wish to get into all this, this is a slippery slope.

    I agree with the commissions comments on the right of the franchisor to determine if they wish to give earnings claims, but also warn the commission that someone can claim that earnings claims were giving, and file a claim even if they were not, the franchisor would have to defend against the claim and also put that in the UFOC such bogus and frivolous litigation, not to mention the cost to defend from the attorneys and may I ask why the burden of proof is always on the franchisor? What happened to presumed innocence? The burden of proof should not be on the franchisor, but rather the accuser. Is Mary K Cosmetics guilty of rallying people in pep rallies that they will soon be able to get a ‘Pink Cadellac’? Investment Advisers often have prospectuses and or brochure combination, they use from Mutual Fund Companies, which are approved by the SEC, which show kids going to college or holding a degree in a cap and gown? Obviously indicating that if you make such an investment you can send your kids to college, yet there is no way to know that in this age of economic uncertainty or in this age of over regulation and terrorism (sometimes the same thing) to guarantee that. Will this effect the trend to have some of the Social Security which may be invested in the private sector open for litigation from the companies who will be offering to invest those funds?

    Show me one ad in Entrepreneur Magazine, which does not indicate some type of financial reward on it with pictures. Is the FTC going to stop all the 500,000 Biz Op Internet Sites from doing the same thing? Is the FTC going to not enforce this on BizOps where fraud is known to exist, yet enforce it on franchises where no fraud exists? It appears that normal human interaction will be muffled and motivational pep talks and coaching will be curtailed, this is horrible, not to mention the

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