Item 16: Restrictions on What the Franchisee May Sell Like the UFOC Guidelines, the amended Rule’s Item 16 calls for disclosure of any restrictions relating to the goods or services a franchisee sells, including: any restriction allowing only sales of franchisor-approved goods or services; any restriction requiring a franchisee to sell all goods or services…
Item 15: Obligation to Participate in the Actual Operation of the Franchise Business Item 15 of the amended Rule requires franchisors to disclose whether franchisees are required to participate personally in the direct operation of the franchise. Among other things, the amended Rule’s Item 15 calls for disclosures stating: any obligation for the franchisee to…
The following is an example of a Cease and Desist Letter which could be sent in the event of a breach of contract. Every circumstance involving a breach of contract is different. It is not recommended that this cease and desist letter be used without first consulting an experienced contract attorney. Free Download: Cease and…
The following Cease and Desist Letter is solely for use in defamation of character claims (modifications could be made to specify libel or slander) and is from the perspective of a Minnesota attorney writing on behalf of a client whose character has been defamed. Because laws vary from jurisdiction to jurisdiction, this cease and desist letter…
Background of Minnesota Mechanic’s Lien Law In Minnesota a mechanic’s lien can be filed by a contractor or materialman to preserve their legal remedy for non-payment by a property owner. This legal process acts as insurance so that the provider of service will be paid. It is effectively putting a “hold” or lien on the…
Protection Of Confidential Information Minnesota law protects employers‘ confidential information and trade secrets in several ways. First, an employee has a generally recognized duty of loyalty to not disclose trade secrets or proprietary information of the employer. Second, the statutory Uniform Trade Secrets Act, adopted by Minnesota, prohibits misappropriation of trade secrets. And third, employers…
Item 12: Territory Item 12 of the amended Rule, like the corresponding item of the UFOC Guidelines, requires detailed disclosures concerning assigned territories and applicable sales restrictions. Two important topics that must be covered in Item 12, among others, are: the conditions, if any, under which a franchisor will approve the relocation of the franchisee’s…
Employment At Will The doctrine of employment at will generally states that an employment relationship may be terminated at any time by either party. In the absence of a collective bargaining agreement or other contract, the employer may discharge an employee at any time for any legal reason, or for no reason, with or without…
Further Information In addition to consulting a professional advisor, more detailed information on “Who is an Employee” for various purposes may be obtained from the following sources: Federal income, withholding and FICA (Social Security and Medicare) tax: Publication 15 – Circular E, Employer’s Tax Guide; Publication 15a, Employer’s Supplemental Tax Guide; and Publication 1779 –…
Item 11: Franchisor’s Assistance, Advertising, Computer Systems, and Training Consistent with the UFOC Guidelines, Item 11 of the amended Rule requires the disclosure of the franchisor’s obligations under the franchise agreement to furnish assistance to franchisees. The disclosure requirements encompass pre-opening assistance (e.g., site selection), as well as any ongoing assistance, such as advertising and…
Item 10: Financing Like Item 10 of the UFOC Guidelines, Item 10 of the amended Rule requires franchisors to disclose all material terms and conditions of any financing arrangements. The required disclosures include: The rate of interest, plus finance charges, expressed on an annual basis; The number of payments; Penalties upon default; and Any consideration…
Help For Businesses Unable To Obtain Liability Insurance The availability and cost of business insurance, particularly professional liability and general commercial liability coverage, have attracted substantial recent attention. To help remedy this problem, two state programs assist businesses that are experiencing difficulty in obtaining liability insurance. These programs are the Joint Underwriting Association (JUA) and…
Item 9: Franchisee’s Obligations Item 9 of the amended Rule requires the disclosure of a franchisee’s principal obligations in the prescribed tabular format that references the franchise agreement or other relevant contracts, and the disclosure document sections where more information about the particular obligation can be found. If a particular obligation is not applicable, franchisors…
Do I Need Insurance for My Minnesota Business? Before you begin your business, you should thoroughly investigate your business insurance needs. The insurance industry today can tailor an insurance package to meet the general and specialized needs of almost every business. Because the insurance problems and needs of each business differ, no general insurance program…
Private Sources of Funds Venture Capital Firms Venture capital firms provide equity capital to emerging and growth-oriented businesses that have high market potential. Their major function is to assess management ability, determine market potential and provide equity capital to businesses evidencing growth potential and anticipated high returns of venture investments. The listing of major venture…
This post is part of a series of posts designed to help you acquire a loan for your small business. The following posts cover methods for public financing of your small business Local MN Programs for Small Business Loans Minnesota Reservist and Veteran Business Loan Program Minnesota Small Business Loans: Urban Initiative Program Value-Added Producer…
Small Business Environmental Improvement Loan Program Minnesota Pollution Control Agency (MPCA) Small Business Ombudsman 520 Lafayette Road St. Paul, MN 55155 (651) 757-2121 (800) 985-4247 This program provides financial assistance to help existing small businesses to help cover the costs of conduct of environmental projects such as capital equipment or the investigation and cleanup of…
Environmental Financial Assistance Programs Minnesota Pollution Control Agency (MPCA) Prevention and Assistance Division 520 Lafayette Road, 2nd Floor St. Paul, MN 55155-4100 (651) 757-2121 (800) 985-4247 The Prevention and Assistance division of the MPCA offers environmental assistance grants and loans that could help existing businesses move toward environmentally sustainable projects or practices. Projects must focus…
This post is part of a series of posts designed to help you acquire a loan for your small business. The following posts cover methods for public financing of your small business Local MN Programs for Small Business Loans Minnesota Reservist and Veteran Business Loan Program Minnesota Small Business Loans: Urban Initiative Program Value-Added Producer…
Brian Roberts, CEO of Comcast Corporation, has agreed to pay a $500,000 penalty to settle claims asserted by the Federal Trade Commission (FTC) that he violated the reporting requirements of the Hart-Scott-Rodino Antitrust Improvements Act (HSR-Act) by failing to report his acquisition of Comcast stock as part of the company’s merger with AT&T Corporation back…
This post is part of a series of posts designed to help you acquire a loan for your small business. The following posts cover methods for public financing of your small business Local MN Programs for Small Business Loans Minnesota Reservist and Veteran Business Loan Program Minnesota Small Business Loans: Urban Initiative Program Value-Added Producer…
Our office has been contacted several times by Bruce Shattock, supposedly on Behalf of S&J Boring Inc. Similar scams targeting attorneys have been reported in Alabama. Within the scam emails, Bruce’s phone number is listed as 734 956 2445. The following is correspondence with one Bruce Shattock. Bruce Shattock: Bruce Shattock [email protected] Dear Counsel, On…
Our office recently received a physical scam letter from Mrs. Tracy Gold. The fraudulent letter claims that Mrs. Tracy Gold was directed to contact our office in order to settle a loan owed to Mrs. Hillary Higgins Green. The scam letter came with fraudulent cashiers check in the amount of $145,500. Click here for more…
This post is part of a series of posts designed to help you acquire a loan for your small business. The following posts cover methods for public financing of your small business Local MN Programs for Small Business Loans Minnesota Reservist and Veteran Business Loan Program Minnesota Small Business Loans: Urban Initiative Program Value-Added Producer…
This post is part of a series of posts designed to help you acquire a loan for your small business. The following posts cover methods for public financing of your small business Local MN Programs for Small Business Loans Minnesota Reservist and Veteran Business Loan Program Minnesota Small Business Loans: Urban Initiative Program Value-Added Producer…
Item 7: Estimated Initial Investment Item 7 of the amended Rule requires franchisors to set out in a prescribed tabular format a franchisee’s entire estimated initial investment – i.e., all the expenses required by the franchise agreement and all other costs necessary for a franchisee to commence business. These expenses include items that are often…
Item 6: Other Fees Like the UFOC Guidelines, Item 6 of the amended Rule requires the disclosure, in a prescribed tabular format, of recurring or occasional fees associated with operating a franchised outlet. These recurring or occasional fees include such charges as royalties, advertising fees, and transfer fees. Item 6 covers payments made directly to…
Item 6: Other Fees Like the UFOC Guidelines, Item 6 of the amended Rule requires the disclosure, in a prescribed tabular format, of recurring or occasional fees associated with operating a franchised outlet. These recurring or occasional fees include such charges as royalties, advertising fees, and transfer fees. Item 6 covers payments made directly to…
This post is part of a series of posts designed to help you acquire a loan for your small business. The following posts cover methods for public financing of your small business Local MN Programs for Small Business Loans Minnesota Reservist and Veteran Business Loan Program Minnesota Small Business Loans: Urban Initiative Program Value-Added Producer…
Business and Industry Loan Guarantee Program These are loan guarantees with an upper limit of $10 million. Some high-priority projects may be guaranteed up to $25 million by the administrator in Washington. Most business purposes are eligible, e.g. building and equipment purchase or development, working capital (no lines of credit); aquaculture; commercial nurseries; tourist and…