Inside Franchise Business

BEFORE YOU TAKE THE PLUNGE

Should you dive into a franchise? Check out this advice from the Australian Competitio­n and Consumer Commission first.

- Mick Keogh, deputy chair, ACCC

Smart advice from the ACCC.

The unpreceden­ted public health crisis caused by Covid19-19 pandemic has caused a major disruption to the economy. Some people now see the appeal of joining a franchise and, with it, the opportunit­y to run their own business and earn a new source of income.

However, just like any business, there are risks in franchisin­g. It is easy to lose your entire investment and any assets you’ve borrowed against if you are not prepared or aware of the risks. This article looks at some key issues to consider before deciding whether or not to take the plunge and buy a franchise.

QUESTION ANY REPRESENTA­TIONS

ABOUT EARNINGS

Some franchisor­s offer a guaranteed income to support new franchisee­s while they build up their business, or to make their franchise more attractive to buyers. If a franchisor makes claims to you about how much you can earn, check the terms of the franchise agreement and ask them to confirm their guarantee in writing.

You should be cautious of: any terms and conditions you must meet to get the minimum income; this informatio­n should be in writing whether minimum earnings representa­tions made at the start of the franchise can be sustained over the long term; seek profession­al advice to check how realistic the franchisor’s claims are.

It is also important that you have a plan for when the minimum earnings period come to an end.

READ AND UNDERSTAND KEY

FINANCIAL DOCUMENTS

A franchisor must give you some key informatio­n before you buy a franchise. This will be in the franchise disclosure document. The Franchisin­g Code requires franchisor­s to update their disclosure document within four months after the end of each financial year. This means that many franchisor­s may have last updated their disclosure documents in October 2019.

A lot has changed for businesses over the past few months. You should make sure that your decision about whether to buy a franchise is based on informatio­n that is up-to-date. Regardless of when the disclosure document was updated, be sure to check whether the franchisor’s documents actually reflect the current financial situation.

For example, find out when the statement of solvency was signed – this is a signed statement in the disclosure document confirming that the franchisor will be able to pay its debts. If updated financial details become available after you’ve received a disclosure document, these details must be provided to you as soon as reasonably practicabl­e but in any event before you sign the franchise agreement. Be prepared to ask questions about any informatio­n that is in the disclosure document.

Show any financial statements and reports to your accountant or business advisor. They can help you to spot any warning signs that show the business is struggling.

SEEK THE RIGHT ADVICE

If you’re thinking of buying a franchise, remember to always:

Talk to as many current and former franchisee­s as possible to hear more about how the franchise works in practice. They know valuable informatio­n about how the franchise system is performing. The franchisor must provide current and former franchisee­s’ contact details in the disclosure document.

Seek independen­t legal, accounting and business advice from profession­als with franchisin­g experience – they will see risks you can’t.

ACCC RESOURCES

The ACCC website has guidance for people thinking about buying a franchise, including videos and translated informatio­n: www.accc.gov.au/buyingafra­nchise.

The ACCC also enforces the Franchisin­g Code of Conduct. You can find out more on our website: www.accc.gov.au/franchisin­g.

The informatio­n in this article is for general guidance only. It does not constitute legal or other profession­al advice, and should not be relied on as a statement of the law in any jurisdicti­on. As it is intended only as a general guide, it may contain generalisa­tions. You should obtain profession­al advice if you have any specific concern. n

 ??  ??
 ??  ??

Newspapers in English

Newspapers from Australia