We know how hard you have worked to build your business into a franchised organization. As your franchise lawyers, we could help you navigate through federal and state registration regulations, file trademarks, and provide advice from years of experience. If your current franchise disclosure document and franchise agreement or your franchise lawyers are not working out how you want, our attorneys may be able to help.
Maintaining a healthy franchisor/franchisee relationship can benefit both parties and increase the brand’s market penetration. However, as with any business relationship, it is essential to understand your legal rights and obligations.
These obligations include the legal requirements for maintaining status as an exempt franchisor under North Carolina law in addition to meeting the federal franchise requirements. By maintaining compliance, a franchisor is better protected in any franchisee disputes that arise. Taking these steps can help a franchise grow while limiting their legal liability.
Our attorneys can help franchisors like you to maintain their existing North Carolina franchise exemptions and franchisee relationships. A lawyer could also provide existing Charlotte franchisors support when dealing with franchisee issues or litigation.
Establishing a franchise is a lengthy process. Under certain circumstances, franchisors must submit a franchise disclosure document to the North Carolina Secretary of State before they can even begin to offer a franchise opportunity to potential buyers. However, there are many other legal obligations for franchisors.
Every year, a non-exempt franchisor must resubmit this franchise disclosure document as stated in North Carolina Statute §66-97. A failure to update the registration with the Secretary of State not only results in potential rescission of any franchise agreements sold in violation, but there may also be criminal and civil consequences.
An attorney could also draft and revise franchise agreements binding both franchisors and franchisees to agreed-upon terms. A lawyer might help negotiate changes to such agreements and draft new contracts for new franchisees that address concerns in existing contracts.
Regardless of how stable a franchise agreement may appear to be, disputes over the terms of franchise contracts are common. Because franchise agreements are contracts, civil courts have the jurisdiction to oversee cases concerning the rights and obligations of parties under the terms of these franchise contracts.
Unfortunately, these disagreements may significantly disturb the function of your business. An attorney could help minimize these disruptions. An attorney could help foresee problems that may arise in the future in addition to resolving existing conflict.
A Charlotte franchise attorney could provide existing North Carolina franchisors services by litigating a case in court if settlement talks fail. These cases can involve complex arguments concerning the rights to profits, the use of trademarks or other intellectual property, and even to the fate of the franchise relationship.
Properly running a franchise is not only a business matter but an issue of following many laws and regulations. Existing franchise owners in North Carolina have a responsibility to follow the terms of any franchise agreements as well as federal and state law. Franchisors commonly have difficulty determining how to remain in legal compliance on their own. Our seasoned franchise attorneys could help you understand and meet your legal obligations and handle any disputes that arise with vendors or franchisees.
Franchise disputes are complex and should always be resolved quickly and quietly. They can be related to the franchisee’s financial obligations under the franchise agreement, the franchisor’s requirement to provide support, or misuse of the franchisor’s intellectual property. These situations are always time-sensitive and should be addressed before they turn into bigger problems. An attorney could help protect your rights as a franchisor in and out of court. If you are an existing North Carolina franchisor, see what services our office could provide for you by calling today.