COVER -- CONTENTS -- ABOUT THE AUTHORS -- GOING INTO CANADA -- Trademark and other intellectual property protection -- Business issues -- Franchising or some other method? -- Pilot unit to test the market - Is it desirable or required? -- Use of local subsidiary (and type of entity) -- Finding and using a local accountant, broker, consultant -- Master franchising, direct franchising, development rights or joint venture? -- Managing the relationship: Where should a local base of operations be located? -- If there is a local office, should that be staffed by an employee or consultant, part or full time, local resident or not? -- Adapting the system and the agreements to the market -- Finding qualified franchisee candidates -- Other important business issues -- Legal issues -- Statutory scheme -- Use of exemptions to avoid disclosure and registration -- Work Permits/Visas for any employees or contractors traveling or moving to the local country -- Tax issues in reducing withholding tax on fees and royalties, local, state, provincial taxes, and inter-company transfer taxes -- Other applicable laws -- Use of Multiprovincial Disclosure Document -- Financial statements -- Language requirements -- Controlling law -- Dispute resolution -- GOING INTO THE UNITED STATES -- Trademark and other intellectual property protection -- Trademarks -- Trade secret protection for confidential information -- Copyright protection -- Patents for inventions -- Business issues -- Franchising or some other method? -- Pilot unit to test the market - Is it desirable or required? -- Use of local subsidiary (and type of entity) -- Finding and using a local accountant, broker, consultant -- Master franchising, direct franchising, development rights or joint venture? -- Advantages and disadvantages of different franchising models in USA.

Direct one-on-one franchising versus master franchising -- Multiple-unit developer -- Master franchise agreement (subfranchisor or area representative) -- Joint venture agreements versus pure franchising -- Managing the relationship: Where should a local base of operations be located? -- If there is a local office, should that be staffed by an employee or consultant, part or full time, local resident or not? -- Adapting the system and the agreements to the market -- Finding qualified franchisee candidates -- Other important business issues -- Negotiation of fees, charges, and other terms -- Supplying franchisees -- Advertising program or fund -- Use of financial performance representations ('FPR's") -- Legal issues -- Statutory scheme -- Use of exemptions to avoid disclosure and registration -- Work Permits/Visas for any employees or contractors traveling or moving to the local country -- Tax issues in reducing withholding tax on fees and royalties, local, state, provincial taxes, and inter-company transfer taxes -- Other applicable laws -- Competition (antitrust) and trade regulation laws -- Product liability, consumer protection, packaging and labeling, and other third party liability -- Use of U.S. Disclosure Document -- Financial statements -- Language requirements -- Controlling law -- Dispute resolution -- GOING INTO MEXICO -- Trademark and other intellectual/industrial property protection -- Business issues -- Franchising or some other method? -- Pilot unit to test the market - Is it desirable or required? -- Use of local subsidiary (and type of entity) -- Finding and using a local accountant, broker, consultant -- Master franchising, direct franchising, development rights or joint venture? -- Managing the relationship -- where should local base of operations be located (what jurisdiction)?.

If there is a local office, should that be staffed by an employee or consultant, part-or full-time, local resident or not? (See work permit legal issues below) -- Adapting the system and the agreements to the market -- Finding qualified franchisee candidates -- Other important business issues -- Advertising -- Labeling -- Currency -- Legal issues -- Statutory scheme (franchise disclosure laws, registration requirements, relationship laws) -- Use of exemptions to avoid disclosure and registration - at least for the first unit -- Work permits/visas for any employees or contractors travelling or moving to the local country -- Tax issues in reducing withholding tax on fees and royalties, local, state, provincial taxes, and inter-company transfer taxes -- Other applicable laws -- Commerce Code (C�odigo de Comercio) and Federal Civil Code (C�odigo Civil Federal) -- Federal Economic Competition Law (Ley de Competencia Econ�omica) -- Federal Consumer Protection Law (Ley Federal de Protecci�on al Consumidor) -- Use of disclosure document -- Recording the franchise agreement -- Financial statements -- Language requirements -- Controlling law -- Dispute resolution (arbitration v. litigation and venue) -- GOING INTO THE CARIBBEAN -- GOING INTO THE FRENCH WEST INDIES -- Trademark and other intellectual property protection -- Trademarks, drawings and designs -- Trademarks -- Drawings and designs ("dessins et mod�eles") -- Trade secret protection for confidential information -- Copyright protection -- Patents for inventions -- Business issues -- Franchising or some other methods? -- Pilot unit to test the market - is it desirable or required? -- Use of local subsidiary (and type of entity) -- Finding and using a local accountant, broker, consultant -- Master franchising, direct franchising, development rights or joint venture?.

Managing the relationship : where should a local base of operations be located? -- If there is a local office, should that be staffed by an employee or consultant, part or full time, local resident or not? -- Adapting the system and the agreements to the market -- Finding qualified franchisee candidates -- Other important business issues -- Real estate and premises -- Advertising l Labelling -- Legal issues -- Statutory scheme (Franchise Disclosure Law) -- Use of exemptions to avoid disclosure and registration -- Work permits/visas for any employees or contractors travelling or moving to the local country -- Tax issues in reducing withholding tax on fees and royalties, local and state taxes, inter-company transfer taxes -- Other applicable laws -- Use of foreign disclosure document -- Financial statements -- Language requirements -- Controlling law -- Dispute resolution -- OTHER CARIBBEAN COUNTRIES AND TERRITORIES -- Puerto Rico and U.S. Virgin Islands -- Barbados -- Other countries of the Caribbean.

This report discusses the legal and business issues a franchisor from another country has to address when exporting its franchise system into North America and the Caribbean. All three North American countries, and several Caribbean countries, have franchise laws. The authors address essentially the same topics for franchisors seeking to enter into Canada, the United States, Mexico and the various Caribbean countries, including business issues, protection of intellectual property assets, and legal, regulatory, tax and contractual considerations.

Description based on publisher supplied metadata and other sources.

Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2019. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.