Franchising Services

Company Formation and Organization


Forming Your New Franchise Company

Starting and operating a franchise company is an exciting adventure! To reach your goal of creating a franchise which can be successfully replicated time and again, you’re going to need a company designed to weather the storms you will face, and be poised for growth when opportunities present themselves. Whether you’re interested in forming a limited liability company or a corporation, Executive Legal Professionals is prepared to help you choose, form, and operate the right business structure for you.

As you approach the choice of what business organization to adopt, remember there is no one-size-fits-all solution. Talk to your attorney about your goals, and make the right decision for your company based on what is important to you.

If you need to raise a lot of capital very quickly, and you want to do so by selling shares of stock, you’ll need a corporation; but will you choose an S-Corporation or a C-Corporation? If you’re primarily interested in liability protection, and intend to keep the number of equity owners of the company to a minimum, a limited liability company might be a better option for you. The important thing is to weigh the pros and cons, understand your options, and make an informed choice based on your unique needs.

Organizing Your New Franchise Company

Our goal, in working with any new franchise company, is to make as simple as possible the otherwise difficult, expensive process of making this huge investment in your future. From risk management to document preparation, from legal consulting to staff training and support, Executive Legal Professionals will be with you every step of the way. Our custom, personalized services are designed to give you guidance, support, and the legal information you need to take action and lead your company forward with confidence.

First Steps

Preparing the Uniform Franchise Offering Circular (UFOC) required of all companies by the Federal Trade Commission will be the first task Executive Legal Professionals will tackle after forming your new franchise company. The firm will also prepare any registration documents required by any state requiring registration of the franchise company. These foundational steps are crucial to ensuring your new franchise company has a green light to start creating the infrastructure you will need to support your franchisees.

Next Considerations

The next step is all about creating the Franchise Agreement and its ancillary contracts and documents. Plus, you’ll want to establish and record your proprietary materials, processes, and any logistic support you’ll want to provide to your franchisees. This phase of the over-all project revolves around creating the means by which you plan to replicate your business for each of your franchisees.

A franchise company is constantly refining this process, but the first time you dive into it, the important thing is to define, not to refine or perfect the process. Remember, as a franchise company, your business is your brand and how you do what you do, and enabling others to do what you do the way you do it.

Ongoing Protection

Legal services from Executive Legal Professionals are designed for entrepreneurs and businesses who understand the important role Preventive Law plays in providing continuous protection of a business for its entire life. Don’t just manage legal crises; prevent legal risks from becoming expensive legal problems with preventive legal services from Executive Legal Professionals.

Pyramid Schemes, Multi-Level Marketing, and the “Virtual Franchise”

December 14th, 2016|Comments Off on Pyramid Schemes, Multi-Level Marketing, and the “Virtual Franchise”

A wise businessperson would do well to be extremely cautious, skeptical, and wary of any business that engages in Pyramid / Multi-Level Marketing / MLM / or structuring of their business relationships--even if they're called something else that seems innocuous, like a "Virtual Franchise".

Is Becoming a Franchise Right for Your Business?

January 4th, 2016|Comments Off on Is Becoming a Franchise Right for Your Business?

Is becoming a franchise right for your business? Deciding to start a franchise really does not depend on what goods your business produces or what kind of services it provides; rather, whether your business is franchise-eligible largely depends on how well you can instruct others to replicate the business of what you do. We present five questions to ask yourself if you are curious about franchising your small business.

Franchising Regulations

September 14th, 2015|Comments Off on Franchising Regulations

Business attorney Noel Bagwell describes franchising regulations in the United States. Franchising regulations exist at both the national (federal) and state level. The Federal Trade Commission ("FTC") enforces a the trade regulation rule called "Disclosure Requirements and Prohibitions Concerning Franchising," codified at 16 C.F.R. 436. In the franchising industry, this is more often simply called the "FTC Rule" or the "Franchise Rule."

Be a Leader: Maintaining Perspective in Your Franchise Business

September 4th, 2014|Comments Off on Be a Leader: Maintaining Perspective in Your Franchise Business

Nashville, TN--Business attorney Noel Bagwell shares insights about maintaining perspective in your franchise business.

Accountant Shopping for Franchisors: What to Look For When Getting Started

September 3rd, 2014|Comments Off on Accountant Shopping for Franchisors: What to Look For When Getting Started

Nashville, TN--Kerri L. Kutlenios, a certified public accountant licensed in Arizona shares tips for franchisors to help them hire the right accountant.

Systems for Franchises: Six Goals to Increase Survival Probability

September 2nd, 2014|Comments Off on Systems for Franchises: Six Goals to Increase Survival Probability

Nashville, TN--Business attorney Noel Bagwell shares insights, in this blog article for Executive Legal Professionals, about Systems Development for franchises.

Accounting Needs of Start-Up Franchising Companies

August 27th, 2014|Comments Off on Accounting Needs of Start-Up Franchising Companies

Nashville, TN--Business Attorney Noel Bagwell shares insights about start-up franchise companies' typical accounting needs in this ExecutiveLP.com blog article.

Franchising Legal Requirements and Best Practices

August 26th, 2014|1 Comment

Nashville, TN--Executive Legal Professionals President and business attorney Noel Bagwell discusses Franchising Legal Requirements franchise companies must comply with.

Franchising White Paper

Included in Franchising Services Plan

  • Developing Basic Franchise Legal Documents (Franchise Agreement and Franchise Disclosure Document) and other related legal work (e.g., UFOC, trademark protection, license agreements, etc.)
  • Quality Control (creating a professionally developed operations manual for your company)
  • Preparing legal documents for state registrations (including area development contracts, area representative contracts, etc.) for each state in which the franchise will register
  • Signet™ Outside General Counsel, Franchise Start-up Package
  • Human Resources Legal Support (Employment Contracts, Legal Issue Staff Briefings, etc.)

Business Tax Planning (Recommended Services)

  • Tax implications on formation of business
  • Tax planning to minimize small business benefits allowed by the Internal Revenue Code
  • Tax planning to legitimately minimize individual and business income tax
  • Customized Report on Your Company’s State and Federal Tax Liability Concerns
Business Formation

BUSINESS FORMATION

Business Formation

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Tax Services

BUSINESS TAX PLANNING

Business Tax Services

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General Counsel

GENERAL COUNSEL

General Counsel

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Mergers & Acquisitions

MERGERS & ACQUISITIONS

Mergers & Acquisitions

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Equity Crowdfunding

EQUITY CROWDFUNDING

Equity Crowdfunding

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