UFOC Uniform Franchise Offering Circular and Franchise Disclosure Documents Problematic
Legal Article GuideBy: Lance Winslow
Many approved franchise candidates on their way to be franchisee buyers complain about the large disclosure documents and the very comprehensive agreements that micro-manage their businesses and cause issues with flexibility in the market place. I agree that the UFOC and the regulators often cause problems with the operational aspects of a franchised unit and the ability of the franchisor to move swiftly in the market place and also take care of franchisees need for fast action.
I don't believe that the regulators mean harm, after all their entire job is to protect the people of their state from fraudulent business practitioners, but the UFOC is fairly outdated and new changes are in the pipeline, some good, some we'll see, but all are changes to modernize the format, fix technicalities of law and protect people. I think in a perfect franchising world that viability of concept should take precedence over all other issues when granting registration.
I also believe that there should be one set of laws for all states. Not 14, 4 & 2 and then the FTC Federal Trade Commission. By having multiple laws to deal with it slows down progress of a system, creates multiple franchise agreements, and adds states addendum pages to the length of pages contained in the UFOC, Agreement and attachments. Consider this opinion in 2006.
Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
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