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Basic Principles of International Franchise Agreements: Lawyers Advice

Each country has its own rules and regulations of the franchise model. The different law regimes are franchise-specific laws, general commercial laws or Codes of Conduct: • Franchise Specific Laws:: Franchise business laws usually mention pre-contractual disclosure, franchisor/franchisee relationships and registration prerequisites. The purpose is to protect native franchisees from their own decisions, and from being subjugated by franchisors. In many cases franchise-specific laws are protective nature. • General Commercial Laws: In some states, the franchise model is usually covered under the general commercial and competition laws. For example, the France Commercial Code is...

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Applicable Laws & Legal Compliances for FinTech Start-ups: Lawyers Advice

The government is making sincere efforts to make India digital. It has been introducing the developments in the Fintech sector because of the rapid technological advancements. Different Sources to Raise Funds for Fin-tech Start-ups: 1) Issuance of shares (equity, preference), debentures. 2) Angel investors, incubator and accelerators have shown significant involvement in start-ups. 3) Public offering and raising funds from the market 4) Crowd funding. Encouraging Investment Schemes in IndiaThe Department of Industrial Promotion and Policy has recognised 16000 start-ups and about 130 of them obtained financial assistance till February 2019. The government has launched tax benefits which include 3 years...

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Applicable Laws & Legal Compliances for Defence Tech Start-ups: Lawyers Advice

India has a powerful defence industrial base and with the boom in the technology sector. It has strengthened the military sector on a very large scale. The defence industry merged with nation’s upgraded technology is commonly referred to as Def-tech Industry. Methods undertaken by the Government:The Defence Procurement Procedure 2016 brought in some changes and introduced the category of “Buy Indian Indigenously Designed, Developed and Manufactured (IDDM)”. The government has made this category at the top of their list for the procurement of equipments. It gives special focus to the Medium and Small Manufacturing Enterprises (MSME) sector. Legislations and Procedure Applicable For...

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Applicable Laws & Legal Compliances for EdTech Start-ups: Lawyers Advice

Education Technology also referred as Edu-Tech has brought a ground-breaking alteration in the conventional system of education as to how learning is disseminated across the state. In today’s times obtaining a course or just taking extra classes, students just require a speedy internet connection and a Smartphone/ computer. The EdTech sector is taking web based learning to the next level in India and it is happening at a very rapid pace. Ten Legal Compliances for EdTech Start-ups in India: Registration as an Entity: Registering as an entity is mandatory, only then the government approves of such existence of legal entity. Protection of...

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Precautions while Executing a Franchise Agreement: Lawyers Advice

A franchise agreement is an agreement entered into by a franchisor and a franchisee to operate a franchise unit. It is a legal contract in which the franchisor consents to provide its brand and operational model to the franchisee to set up and run the similar business in another place in exchange for a fee and some share of the income generated. The franchise agreement specifies all the details regarding the contract like the rights and duties of both the parties, the fee the franchisor is supposed to pay, the duration of the agreement, the location of the franchise, etc....

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Rights & Duties of a Franchisee in a Franchise Agreement: Lawyers Advice

In a franchise agreement a franchisee is the party to whom the license to carry out business under the same brand name is granted. Just like the franchisor, the franchisee also has certain rights and duties specified under the franchise agreement. But since the franchise agreement does not have a standard format and varies depending on the type of business, even the rights and duties of the franchisee vary from business to business. However, there are some common rights and duties that the franchisee is vested with in every franchise agreement irrespective of the type of business. Rights of...

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Rights & Duties of a Franchisor in a Franchise Agreement: Lawyers Advice

When a franchisor and a franchisee are entering into an agreement over a franchise unit, they do so by signing a franchise agreement. A franchise agreement is an agreement entered into by a franchisor and a franchisee in order to operate a franchise unit. This agreement specifies all the essential aspects of the franchise transaction like the location, operations, duration, fee, royalties etc. A franchise agreement does not have a standard format. It varies depending on the type of business and the working conditions of the franchise. However, the basic provisions of any franchise agreement are as follows: ...

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Laws & Regulations on Franchise Business in India: Lawyers Advice

In India there are no specific laws dealing with franchising businesses. However, according to Black Laws Dictionary, franchising means the license from the owner of a trademark or trade name permitting another individual/licensee to sell the product or service under that trademark. Though no law specifically deals with franchising business, there are some laws which touch upon such businesses within the country. The following are the different laws attached to a business and the legal issues involved therein: Indian Contract Act, 1872:Every franchising business has a contractual relationship between the owner and the licensee. Such contracts are governed by the Indian...

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Legality of Multi-Level Marketing (MLM) Companies in India: Lawyers Advice

Multi-level Marketing (MLM) is a business model where the sale is carried out between one individual to another. Many businesses like Amway, Oriflame, etc. carry out the same individual networking system. The intermediaries involved in a traditional business model does not exist under Multi-level marketing, as the consumers purchase the goods directly from the distributor or seller. The distributor gets a commission for the sale he carries out. He can also appoint other representative under him to sell the products. In 2016, the Ministry of Consumer Affairs, Food and Public Distribution Department of Consumer Affairs under the Government of India...

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Laws & Legal Compliances for Direct Selling Businesses in India: Lawyers Advice

Direct Selling is a business model wherein the direct selling companies sell their products directly to the consumers. The usual manufacturing and distribution line of goods or services which include various intermediaries can be avoided or sidestepped as the goods or services can be delivered directly to the consumer without the goods going into the possession of retail stores. According to the Direct Selling Guidelines, 2016 (hereinafter called “Guidelines”), a direct selling entity is one which sells, markets or distributes goods or services through a direct seller. There exists a network of direct sellers at different levels of distribution or...

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