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At Franchise.Law, we understand the years of effort that you have put into building your business into a franchise. We also know that does not mean the work is done. As your franchise attorneys, we could provide you with legal advice and guide you through the challenges that your business may face as it continues to grow. Our existing franchise services in Georgia include navigating state and federal regulations and working to resolve disputes with your franchisees to maintain a healthy relationship and a strong presence in the market.
While we are based in Charlotte, NC, and are not licensed to practice law in Georgia, we focus on multi-state compliance and the federal rules governing franchises. This allows us to represent you in these matters no matter where your business is located.
Many franchisors are aware that Georgia is considered a business opportunity state, meaning that it has its own rules regulating corporate sales. These are codified under Official Code of Georgia Annotated §§ 10-1-410–10-1-417. Though it is not specifically identified, a franchise is considered a business opportunity and must comply with these laws. However, if the franchise has a federal or state-registered trademark, then it is exempt from some of the business opportunity laws.
This could be an advantage for the franchise because, according to some of the requirements under the business opportunity laws, the business may not need to have an authorized in-state agent or obtain a surety bond. In addition, the rules prohibit franchisors from immediately collecting the full purchase price from the franchisee. Instead, they may only receive up to 15 percent, with the remaining 85 percent set aside in an escrow account for 60 days after the franchisee starts the business.
One way our knowledgeable attorneys could serve you is by obtaining a registered trademark at the state or federal level for your existing Georgia franchise. The advantages a trademark provides could make the process worth the effort.
In business and life, conflicts are inevitable, even among the most stable and functional relationships. When a franchisor and its franchisees have a disagreement, it is vital to figure out a solution that satisfies both parties. Our lawyers are skilled at dispute resolution for franchises in Georgia and could help maintain your current business partnership.
Perhaps the most common source of conflict between franchisors and franchisees is their contract. Most likely, the argument has something to do with the obligations that one party promised to perform but has not. An attorney could work with the franchisee on your behalf to solve the disagreement—for example, with a settlement. We could also modify the terms of the contract to prevent future problems.
If a settlement is not possible, litigating the case could be the answer. Often, this means the issue is more complex and requires court intervention. Legal representation is essential for these matters because attorneys have courtroom experience and know how to effectively present the facts of the case.
If you are a franchisor, speak with us about your needs. We could tell you more about the existing franchise services in Georgia that we offer, including helping you register a trademark and reviewing your contracts.
We could handle the legal matters so you can focus on growing your business. Contact Franchise.Law to set up a meeting with our team and learn what services we could provide for you.