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Franchise General Business Finance & Banking

Read need-to-know updates, commentary, and analysis on Franchise issues written by leading professionals.

Financing Hotels in the United States: Key Considerations

by Shearman & Sterling LLP on

Hotels differ from other types of stabilized properties in several major ways. The purpose of this article is to highlight how the distinguishing factors impact the way that owners and lenders approach the negotiation of key...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Store-branded credit cards are still big business, but as the Times tells us, their contribution to companies’ bottom lines are masking bigger troubles at retailers around the US....more

FACTA Suits Still Bite - $31 Million Subway Class Action Settlement Approved

Ten years ago, hundreds of retailers, chain restaurants and others were targeted nationwide as defendants in class action suits under the Fair and Accurate Credit Transactions Act (FACTA) for violating the so-called...more

FRANCHISOR 101: Simplification of SBA Loan Approvals

by Lewitt Hackman on

As independent small business operators, franchisees may qualify for business loans that are guaranteed by the Small Business Administration ("SBA loans"). However, the SBA considers certain types and levels of control...more

SBA's New Rule Offers Some Welcome Changes for the Franchise Community

The Small Business Administration (SBA) has been a key player in franchise development, providing loan guarantees for franchisee start-ups. As a condition for providing these guarantees, the SBA historically required a...more

Franchise POST: The Reformation of Financial Performance Representations; Has the Time Arrived?

by Nexsen Pruet, PLLC on

Financial Performance Representations (“FPR’s), or earnings claims, have been an integral part of franchise sales process well before the Federal Trade Commission (“FTC”) began its supervision of the franchise model. The...more

FinCEN Seeks to Curb Trade-Based Money Laundering Through Lowered Reporting Threshold

On April 21, 2015, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) issued a Geographic Targeting Order (“GTO”) lowering reporting thresholds and triggering additional recordkeeping requirements...more

New York State Tax Department Releases Guidance on Tax Reform Legislation

by McDermott Will & Emery on

The New York State Department of Taxation and Finance (the Department) has been issuing guidance explaining the 2014 corporate tax reform legislation (generally effective on January 1, 2015) through a series of questions and...more

Spotlight on Tennessee: Proposed Revenue Modernization Act

by Baker Donelson on

Governor Haslam's Administration has very recently proposed far-reaching amendments to Tennessee's tax laws. These proposed amendments are included in Senate Bill 603/House Bill 644, known as the Revenue Modernization Act...more

Saladworks, LLC files Chapter 11 in Delaware

by Morris James LLP on

On February 17, 2015, Saladworks, LLC filed a chapter 11 bankruptcy case in Delaware. The case has been docketed as case no. 15-10327 and has been assigned to The Honorable Laurie Selber Silverstein....more

Some Multi-Unit Franchisees are Public Companies

by LeClairRyan on

While most of the private equity and public offering activity of franchise companies focuses on franchise brands and systems, every now and then a large, multi-unit franchisee will go public or seek private equity financing....more

SBA Requests Comments on Franchise Loan Program

by LeClairRyan on

The U.S. Small Business Administration (SBA) is requesting comments from the public on all aspects of its franchise lending program. The SBA issued its notice and request for comment December 8, 2014....more

Private Equity Was Active in Franchising in 2014

by LeClairRyan on

In the last year, private equity continued to play an important role in franchising. Private equity offers a franchisor with a growing franchise system a promising pathway to rapid growth. An investment group can assist a...more

Sbarro LLC Confirms Plan of Reorganization

by Cooley LLP on

On Monday, May 29, 2014, the United States Bankruptcy Court for the Southern District of New York approved Sbarro LLC’s plan of reorganization, paving the way for the pizza restaurant chain to exit bankruptcy. Sbarro filed...more

Mergers And Acquisitions In Franchising Strategies For 2014 And Beyond

by DLA Piper on

The M&A market is very strong for franchisor and large multi-unit franchisees of scale today – good news for those looking for a sale or growth capital. What key factors drive investor demand? How should investors be thinking...more

Finding Value: The Roles of Accountants in Franchising

by Lewitt Hackman on

Lawyers typically view the accountant’s role in franchising to be mainly auditing the franchisor’s financial statements and consenting to their use in the FDD. But accountants can play other valuable roles, from developing...more

"Chain" versus "Independent" A View from an Operator of Independent Hotels

In recent years, the topic of "brand versus independent" has become increasingly popular. Every industry conference has a panel titled the same, numerous articles - and blogs - are being written on the topic by every...more

How to Help Your Franchisees Find Financing

The good news for franchising is the economy is coming back. Hit hard by the 2008 economic recession, franchise indices show an uptick in new franchise concepts and pent up demand for franchises among buyers....more

Major PA Tax Bill Passes: Franchise Tax is Back! Market Sourcing has Arrived; Addbacks Too

by Reed Smith on

After months of negotiations and bargaining surrounding Pennsylvania’s budget, the House and Senate passed major tax code changes Tuesday (in House Bill 465). The bill is now on its way to Governor Corbett’s desk for...more

Amended Red Flags Rule now in effect – are you still a creditor?

by DLA Piper on

The FTC’s amended definition of “creditor” within the Red Flags Rule is now in effect. The definition is narrower in scope, but under it, a franchisor may still qualify as a “creditor.” For instance, if you use a...more

California Bill Would Expand Liability For Securities Fraud, Impose New Fees, Expand Commissioner’s Powers

by Allen Matkins on

In late February, Senator Jerry Hill introduced a bill, SB 538, to substantially amend the Franchise Investment Law. A few days later, the bill was read for the first time and set for hearing by the Senate Banking and...more

Proposed Changes to California Franchise Law Would Limit Franchisors’ Termination and Nonrenewal Rights

by Reed Smith on

The California Small Business Investment Protection Act, Assembly Bill 1141, was recently proposed and makes several changes to California’s current franchise laws, the Franchise Relations Act and the Franchise Investment...more

Alabama Tax Developments: 2012 Year in Review

Our final Alabama SALT Bulletin of 2012 summarizes the major legislative, judicial, and administrative developments affecting Alabama taxpayers with respect to income, transaction, and property taxes. The spring 2012...more

Check Lender Reservations on Hotel Deals: Asset-specific issues prompt a closer look from lenders at hotel collateral

Funding is returning slowly for hotel properties, as many lenders have learned the hard way that hotels can be tricky collateral. Commercial mortgage brokers can expect these lenders to be more cautious when reviewing hotel...more

Economic Forecast For Slow Growth

Two major conclusions are found in a recent survey of economists by the Wall Street Journal: 1. Slow growth over the coming year 2. A recession is unlikely As reported by the Los Angeles Times, the survey of 48...more

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