The Franchise Formula: A Guide to Franchising Your Business in the New Economy

ABOUT THE BOOK:
Written by national franchise lawyer, Charles N. Internicola, Esq., "The Revised Franchise Formula: A Guide to Franchising Your Business in the New Economy" contains information about:

- The fundamentals of franchising;
- Is franchising right for you?; and
- How to franchise your business.

In the book, Charles also discusses the "franchisor mindset", the "scalability of franchising", "why controlled growth is important" and "how to avoid the franchising pitfalls".

FOR A LIMITED TIME YOU CAN GET THE BOOK AT NO COST:
If you are a successful business owner and you have questions about "franchising your business", you may receive a complimentary copy of the book. To automatically receive your complimentary copy, enter your contact information and click the submit button below.

Please remember your request is confidential and involves no obligation on your part

 
Mailing Information
Important Note: In addition to sending the book we include an additional "information packet" depending on the type of business transaction. To do this, please let us know why you are requesting the book:

 

Can You Franchise Your Health Care Related Business?

As with any other method of practicing medicine in the United States, a health care franchise is subject to a multitude of complicated federal and state health care fraud and abuse statutes, regulations, case law and administrative opinions. The concept of “franchising” a health care business is a novel approach to the practice of medicine and must undergo a systematic review and evaluation of the proposed (a) franchise system, (b) business and compensation arrangements, (c) franchise disclosure documents and (d) compliance programs.

The most common regulatory and compliance issues affecting health care franchises concern the corporate practice of medicine, prohibited self-referrals and prohibited remunerations.   The failure to comply with the foregoing regulations and statutes can result in civil and/or criminal prosecution against both the franchisor and franchisees.

In certain instances the proposed franchise’s business systems and financial arrangements can fall within applicable safe harbors and/or exceptions, or can be narrowly tailored to effectuate compliance with applicable regulations and statutes. In any case, the proposed franchise will require a thorough evaluation and the preparation of strict guidelines and materials for both franchisor and franchisees to follow.

If you are considering franchising a health care business, or would like to conduct a comprehensive review of your existing health care franchise, please contact Ms. Ilana Sable, Esq. to evaluate the options available to you.

For additional health care law articles by Ilana Sable, Esq. visit the Health Care Compliance Watch blog.

 

Interview: Franchisor Shares Critical Insights for Prospective Franchisors

At the New York Franchise Law blog we have been fortunate to receive insightful and instructive comments from our readers.  Many of our readers are franchisors, franchisees and some extremely experienced franchise consultants and professionals.  Basically, our readers have a lot of good information to share.  So, recently my staff had the opportunity to interview and speak with Bob Harper, an existing franchisor.  Mr. Harper, has posted some informative comments on our site and has shared his experiences as a "start-up" franchisor.   Mr. Harper's franchise provides bookkeeping services in the United Kingdom under the "Crunchers" trade name.  In his interview Mr. Harper shares some insights and experiences that prospective franchisors should consider before making the leap from "business owner" to "franchisor".  A portion of Mr. Harper's interview and some of my comments follows: 

Q: What is the Crunchers business all about?

A: Crunchers is a bookkeeping solution provider – we give clients the choice of doing their own books using our software as part of a managed service (where we become the bookkeeping manager) or we do the books for them.  

Q: How did you Get involved in the bookkeeping business? 

A:  My background is a tax accountant, having trained with Price Waterhouse in Windsor UK. After leaving in 1991, I set-up and ran my own accountancy business and from this had the idea to develop my own bookkeeping software because my micro and small clients struggled with the off the shelf [bookkeeping] packages. 

Comment: One interesting point that Mr. Harper brought up in his interview is that his franchise involves the license of certain book keeping software.  Mr. Harper considered expanding his business through a "license structure" only but ultimately decided to proceed with the establishment of a franchise system.  When evaluating a licensing structure as an alternative to franchising there are a number of factors that should be considered, including the fees that will be charged and the degree of control that will be exercised over the franchisees / licensees.


Q: Are your franchisees required to have Prior Experience with Accounting or Bookkeeping?

A: We decided to franchise about two years ago offering 350 territories in the UK. The first franchisees are accountants who have launched Crunchers on the side of their accountancy practice. We also have a few bookkeepers and are now offering the franchise to [individuals without an accounting background].

Comment: This is a critical issue for the start-up franchisor and established franchise systems - that is, what is your criteria and requirements for selecting a qualified franchisee.  Be selective, set clear guidelines as to the types of franchisees that you will approve and reject those that do not meet your select criteria.  Selecting / approving an unqualified franchisee is  costly mistake that creates a number of legal and business issues that will drain the resources of your franchise system.  

Q: What advice would you give to successful business owner about starting a franchise?

A. Running a franchise business is a separate and probably a completely different business to the business they are thinking of franchising. So, treat it as such and make sure you have the right funding, skill set team, systems and resources.

• Look at all other options of expanding so you can justify franchising as the best option because it is not easy.

Comment:  As to this point the advice of  Mr. Harper is extremely instructive for those looking to start a franchise.  Prospective franchisors must recognize that once you "start a franchise" your primary obligation becomes that of a "franchisor" and you are no longer the operator of a business.  Keep in mind that the "franchise business" is very different that the underlying business that you are franchising.  In Mr. Harper's case once he established a franchise system he stopped operating a "bookkeeping business" and became the operator of a franchise system.  Another major point that Mr. Harper mentions is "funding"  when establishing a franchise system, simply preparing and registering your "legal documents" is not enough.  You must possess the necessary capital and resources to establish the systems, products and procedures necessary to support your franchisees and to manage the development and growth of your franchise system. Franchise consultant Joel Libava offers some great pointers and information about this issue (what it takes to establish a franchise) in his article "Do you Really Want to Franchise your Business".

 Thanks to Bob Harper for sharing his experiences with us and, as always, I look forward to hearing from Bob in the future.  If you are a start-up franchisor it would be great to hear about your experiences on these topics.

Disclaimer:  Please note that our reference to a particular franchise should not be viewed as an endorsement of a franchise or a franchise opportunity.  At the New York Franchise Law Blog we do not recommend or solicit the sale of franchise opportunities.