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  • Add You - Earnings Claims from Franchisors

    Business Brokers and Valuations, a Comment
    Business Brokers often double as business appraisers. I see a real problem with business brokers and their valuations teams it seems like a huge conflict of interest to me. Many times the business broker sales person is also a licensed business evaluator. But the job should be done by a CPA or a non-involved “Certified Business Appraiser” and not the same Business Broker making the listing for the sale of that business.See: http://www.cpa2biz.comOther books on this subject I found relevant are:“A CPAs Guide to Valuing a Closely Held Business” by Gary Trugman.“The Value Reporting Revolution: Moving Beyond the Earnings Game” by Robert Eccles.One should find it ironic that a sales man for a business broker company can tell a prospect anything he wants to and then in
    e on the franchisor, but rather the accuser. Is Mary K Cosmetics guilty of rallying people in pep rallies that they will soon be able to get a ‘Pink Cadellac’? Investment Advisers often have prospectuses and or brochure combination, they use from Mutual Fund Companies, which are approved by the SEC, which show kids going to college or holding a degree in a cap and gown? Obviously indicating that if you make such an investment you can send your kids to college, yet there is no way to know that in this age of economic uncertainty or in this age of over regulation and terrorism (sometim
    Restaurant Employee Tip Tracking Through A Point Of Sale System
    The History Of Restaurant Employee Tip HandlingNo one knows when tipping began. But we do know that in the 1980's the IRS levied new regulations on restaurant owners to track the tips received by the employees of the restaurant.The magic number of 8% became the benchmark for servers and waiters to declare as their tipped earned. Not because it was accurate. Rather, because it was the minimum amount allowed by the IRS.The trick is this. Tipped employees in restaurants are generally not paid minimum wage. The amount varies from state to state but it runs between $2.15 to $3.15 per hour. The IRS assumes that the tips received will make up the difference between this low hourly amount and the true minimum wage that is currently $5.15 per hour. If this is not the ca
    There has been talk at the Federal Trade Commission of requiring Franchisor’s to give earnings claims in their disclosure documents. The franchise rights groups want it and the consumers need it to help them make a decision. But unfortunately with all the litigation in our nation it is too risky for franchisors. The Federal Trade Commission put forth a report on franchising last summer and has been reviewing the franchise rule in our country. Chances are and most agree in the franchise industry that earnings claims should not be required but should be considered for those franchisors who wish to sell more franchises as it will improve their sales.

    On page 26 of the Franchise Report; the Federal Trade Commission made reference to a potentially gray area of this rule and said they believed that a statement such as:

    “You’ll make so much money you can buy a Porsche!”

    is an earnings claim and maybe it could be considered that. These types of things appear in advertising, brochures and in simple conversation. My question is; Yes, this is in a way an earnings claim, yet are we really interested in regulating normal human interaction? I mean we already have such a sterile world as it is. People are afraid what to say for fear they might get sued? This breaks down communication. Adding to this the FTC wishes to regulate such common conversation? And if a picture is worth a thousand words then what is an advertisement, which has a franchisee next to his house? Did he purchase that exact house through his franchised outlet or was it left to him from his folks or did he buy that house during his many years as an executive at IBM, Lockheed, 3M or Microsoft? You can’t use those pictures either then. Are we sure we wish to get into all this, this is a slippery slope.

    I agree with the commissions comments on the right of the franchisor to determine if they wish to give earnings claims, but also warn the commission that someone can claim that earnings claims were giving, and file a claim even if they were not, the franchisor would have to defend against the claim and also put that in the UFOC such bogus and frivolous litigation, not to mention the cost to defend from the attorneys and may I ask why the burden of proof is always on the franchisor? What happened to presumed innocence? The burden of proof should not be on the franchisor, but rather the accuser. Is Mary K Cosmetics guilty of rallying people in pep rallies that they will soon be able to get a ‘Pink Cadellac’? Investment Advisers often have prospectuses and or brochure combination, they use from Mutual Fund Companies, which are approved by the SEC, which show kids going to college or holding a degree in a cap and gown? Obviously indicating that if you make such an investment you can send your kids to college, yet there is no way to know that in this age of economic uncertainty or in this age of over regulation and terrorism (sometime

    Accounts Receivable Collection
    Accounts receivable factoring refers to a process in which you can sell your invoices to a financing company for a rate, less than the face value of the invoice sold.The responsibility of collecting cash against the outstanding receivables lies with the financing company, who then makes a profit by collecting the funds at the face value of the invoice. The advantage of this arrangement is that a firm can receive instant cash, which was otherwise tied up in inventory, to further expand the business.Again, the responsibility of collecting the cash against the invoices lies with the financing company. To collect the cash, the financing company needs to keep the outstanding receivables as current, and then work out a time line to collect the cash. Also, it is very important to keep a tra
    o wish to sell more franchises as it will improve their sales.

    On page 26 of the Franchise Report; the Federal Trade Commission made reference to a potentially gray area of this rule and said they believed that a statement such as:

    “You’ll make so much money you can buy a Porsche!”

    is an earnings claim and maybe it could be considered that. These types of things appear in advertising, brochures and in simple conversation. My question is; Yes, this is in a way an earnings claim, yet are we really interested in regulating normal human interaction? I mean we already have such a sterile world as it is. People are afraid what to say for fear they might get sued? This breaks down communication. Adding to this the FTC wishes to regulate such common conversation? And if a picture is worth a thousand words then what is an advertisement, which has a franchisee next to his house? Did he purchase that exact house through his franchised outlet or was it left to him from his folks or did he buy that house during his many years as an executive at IBM, Lockheed, 3M or Microsoft? You can’t use those pictures either then. Are we sure we wish to get into all this, this is a slippery slope.

    I agree with the commissions comments on the right of the franchisor to determine if they wish to give earnings claims, but also warn the commission that someone can claim that earnings claims were giving, and file a claim even if they were not, the franchisor would have to defend against the claim and also put that in the UFOC such bogus and frivolous litigation, not to mention the cost to defend from the attorneys and may I ask why the burden of proof is always on the franchisor? What happened to presumed innocence? The burden of proof should not be on the franchisor, but rather the accuser. Is Mary K Cosmetics guilty of rallying people in pep rallies that they will soon be able to get a ‘Pink Cadellac’? Investment Advisers often have prospectuses and or brochure combination, they use from Mutual Fund Companies, which are approved by the SEC, which show kids going to college or holding a degree in a cap and gown? Obviously indicating that if you make such an investment you can send your kids to college, yet there is no way to know that in this age of economic uncertainty or in this age of over regulation and terrorism (sometim

    Used Office Equipment
    Setting up an office requires a lot of commitment, energy and most of all, considerable cash. Even though you may wish to buy the best office equipment available, it may not be always possible. You may have to settle for used office equipment to fulfill your immediate requirements. Also, the amount of money that you save in buying used office equipment will be quite considerable. This money can be used to fulfill the more urgent requirements of your business and its needs.Used office equipment can be well purchased at second hand shops. These shops are able to procure these goods at very reasonable prices from the actual sellers. They then sell the products to buyers for a profit. Hence, if you buy the equipment directly from the seller, you may be able to save the money that the second hand
    such a sterile world as it is. People are afraid what to say for fear they might get sued? This breaks down communication. Adding to this the FTC wishes to regulate such common conversation? And if a picture is worth a thousand words then what is an advertisement, which has a franchisee next to his house? Did he purchase that exact house through his franchised outlet or was it left to him from his folks or did he buy that house during his many years as an executive at IBM, Lockheed, 3M or Microsoft? You can’t use those pictures either then. Are we sure we wish to get into all this, this is a slippery slope.

    I agree with the commissions comments on the right of the franchisor to determine if they wish to give earnings claims, but also warn the commission that someone can claim that earnings claims were giving, and file a claim even if they were not, the franchisor would have to defend against the claim and also put that in the UFOC such bogus and frivolous litigation, not to mention the cost to defend from the attorneys and may I ask why the burden of proof is always on the franchisor? What happened to presumed innocence? The burden of proof should not be on the franchisor, but rather the accuser. Is Mary K Cosmetics guilty of rallying people in pep rallies that they will soon be able to get a ‘Pink Cadellac’? Investment Advisers often have prospectuses and or brochure combination, they use from Mutual Fund Companies, which are approved by the SEC, which show kids going to college or holding a degree in a cap and gown? Obviously indicating that if you make such an investment you can send your kids to college, yet there is no way to know that in this age of economic uncertainty or in this age of over regulation and terrorism (sometim

    Franchise Rule, Thoughts For The Future
    The Federal Trade Commission recently put forth a report to the franchse industry for comments to use in an upcoming rule-making event, which is sure to modify the current franchise rule. Many have been critical of additional rules in the industry, but none more critical than myself.If the FTC really feels that these new rules will solve something then make them in a way that they can be universal and simplified. Review all the public comments and letters with regards to simplification; such as the comment about introducing a new FTC-EZ forms for Internet Use, for franchise buyers. Laugh along with the comment submitters rather than attacking them, but understand and see the problems from both sides. Entrepreneurs must be heard and feel good about the industry or they will move to greener
    s, this is a slippery slope.

    I agree with the commissions comments on the right of the franchisor to determine if they wish to give earnings claims, but also warn the commission that someone can claim that earnings claims were giving, and file a claim even if they were not, the franchisor would have to defend against the claim and also put that in the UFOC such bogus and frivolous litigation, not to mention the cost to defend from the attorneys and may I ask why the burden of proof is always on the franchisor? What happened to presumed innocence? The burden of proof should not be on the franchisor, but rather the accuser. Is Mary K Cosmetics guilty of rallying people in pep rallies that they will soon be able to get a ‘Pink Cadellac’? Investment Advisers often have prospectuses and or brochure combination, they use from Mutual Fund Companies, which are approved by the SEC, which show kids going to college or holding a degree in a cap and gown? Obviously indicating that if you make such an investment you can send your kids to college, yet there is no way to know that in this age of economic uncertainty or in this age of over regulation and terrorism (sometim

    MS Connectors
    The MIL-C-5015 MS circular connectors have been around the longest, and are often referred to as MS Connectors. MS connectors needs no tools for coupling and assembling of the connectors when attaching cables to equipment. MS connecor can be coupled by inserting the coupling nut of barrel into the receptacle and turning to the screw direction.These MS connectors are designed for use in fixed or mobile military equipment, industrial machine tools, robotics and automation, trucks, buses, ships aircraft etc.Jetronics India, established as Manufacturers of Ms Connectors in 1985, has grown into a leading producer and exporter of MS connectors, MIL C 5015 grade electrical connectors and related accessories like MG Connectors, Circular Threaded Coupling Connectors, MS 25042 connectors, MS 25043 con
    e on the franchisor, but rather the accuser. Is Mary K Cosmetics guilty of rallying people in pep rallies that they will soon be able to get a ‘Pink Cadellac’? Investment Advisers often have prospectuses and or brochure combination, they use from Mutual Fund Companies, which are approved by the SEC, which show kids going to college or holding a degree in a cap and gown? Obviously indicating that if you make such an investment you can send your kids to college, yet there is no way to know that in this age of economic uncertainty or in this age of over regulation and terrorism (sometimes the same thing) to guarantee that. Will this effect the trend to have some of the Social Security which may be invested in the private sector open for litigation from the companies who will be offering to invest those funds?

    Show me one ad in Entrepreneur Magazine, which does not indicate some type of financial reward on it with pictures. Is the FTC going to stop all the 500,000 Biz Op Internet Sites from doing the same thing? Is the FTC going to not enforce this on BizOps where fraud is known to exist, yet enforce it on franchises where no fraud exists? It appears that normal human interaction will be muffled and motivational pep talks and coaching will be curtailed, this is horrible, not to mention the ugly ads if all these cool sports cars, yachts and custom homes are taken out. The Magazines will have to put the ads on the back sides of articles instead of the fore side pages and then they will sell less advertising and thus there will be communication loss that way as well, less consumer choice available and higher magazine costs as supply and demand will limit the number of publications (regulation always has a runaway effect).

    So far in this Franchise Rule Making Report we see regulations causing friction in the franchise relationship at the most crucial time of courtship, how on Earth is it to have a long and fruitful marriage. It is difficult to annul a franchise once the business is set up, starting out on the wrong foot is likely to cause more franchise failures and more Britney Spears quickies. This is not good for franchising and the Federal Trade Commission needs to back off of such talk. I have for years told every franchise buyer that;

    “This business is hard work and you can lose all your money,”

    but if you limit the types of phrases one uses in normal conversation, then you are taking away from the “get to know you” phase of learning if the franchise is a good fit for the franchisee and franchisor. For instance do we like each other? Do we want to do business together? And as every other industry has get to “know your customer laws” we are making it difficult for franchisors to know their customers.

    The Federal Trade Commission gives earnings claims, for instance when it filed against our company it promised those who complained that if they filed formal declarations and e

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