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Domino's Pizza Franchise | Apply Franchise/Dealership In India
Domino's Pizza Franchise is the most loved pizza delivery brand in India. It is a global brand which has franchises available across urban._Find the best Domino's Pizza franchise in your area. The first step is to click the "Apply" button below and fill out an approved application
#domino's pizza franchise#domino franchise in india#domino s franchise application#domino's franchise application form#domino's franchise application form india
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Pet Food Franchise Opportunities Canada
Contents
Fast food restaurant
Helps potential franchisees find business
Small food franchise opportunities
Animal products supplier franchises
Click HERE for the Homeward Bound Pet Food franchise application form … a territory, we generally consult estimates by Statistics Canada and Canada Post.
Fast Food Franchise Opportunities Fast Food Franchise Business Opportunities The list of most-popular fast food franchises to open nationally was based on Google searches for franchising opportunities … according to the Small Business Administration. Police told local media … Top 10 Profitable Fast Food Franchise Business Opportunities in India 1. Chick Blast. 2. Pizza Hut. 3. KFC. 4. Domino’s Food Franchise Opportunities In Usa Top Fast Food Franchises. Take a look at the following 11 top fast food franchises to consider. Wendy’s. Being awarded with the accolade of being the top U.S. fast food restaurant, the popular burger restaurant Wendy’s offers lucrative opportunities for investors with an interest in fast food to run their own burger restaurant. This statistic
See the top pet care franchise opportunities in Canada at Be The Boss; pet food franchises plus pet store, pet sitting and other pet franchises for sale.
Prior to joining True Leaf, he served as Vice President, Marketing for Mars Petcare Canada, one of the globe’s leading food manufacturers … animal lover, a pet parent, and longtime pet care …
Multi Menu is a Canadian company established in 1996 to serve the growing demand for home delivery of quality pet food and accessories. Personal contribution required: $4,500 Total Investment: $5000 to $15,000 Add to Request Petmobile. Petmobile is a home delivery service of high quality pet …
Fast Food Franchise Business Opportunities The list of most-popular fast food franchises to open nationally was based on Google searches for franchising opportunities … according to the Small Business Administration. Police told local media … Top 10 Profitable Fast Food Franchise Business Opportunities in India 1. Chick Blast. 2. Pizza Hut. 3. KFC. 4. Domino’s Pizza. 5. Mcdonald’s. 6. Subway.
Learn how to start PET FOOD opportunities in Canada. Search for your future franchise opportunity in Canada.
Low Cost Food Franchise Opportunities Oct 31, 2017 … There are low-cost franchises, and many are household names. … a company that helps potential franchisees find business opportunities. If you’re interested in investments, but strapped for cash you’ll be interested in 6 low cost small food franchise opportunities under $5000. I am typically very adventurous, but I am not much
Pet Food Franchises. Pets are more beloved than ever by Americans, making a pet food franchise a lucrative investment for the right entrepreneur. Dogs and cats, as well as other pets, are considered a part of the family, and as such are treated with much more care than ever before.
Five successful franchises that work with pets. … New franchisees work in the Bark & Fitz training store in Toronto before going into their own location to set …
They include: number one, expand the Freshpet consumer franchise … that on the U.S.-based dog food business. But it does not mean, there’s not significant opportunity to grow the cat business …
A Pet Planet franchise provides an opportunity to partner with a seasoned team who … From our first conversation until the day you open your store, our step by step … Pet Market Outlook reports that 57% of Canadian households have pets.
Whole Foods Franchise Opportunities Food Franchise Opportunities In Usa Top Fast Food Franchises. Take a look at the following 11 top fast food franchises to consider. Wendy’s. Being awarded with the accolade of being the top U.S. fast food restaurant, the popular burger restaurant Wendy’s offers lucrative opportunities for investors with an interest in fast food to run their
Pet Franchise Opportunities – Interested in a Pet Franchise? Start a pet franchise today and run your own business. Learn about how to start a pet franchise in the USA. We have 100’s of franchises to suit all industry levels.
In particular, this report presents the global market share (sales and revenue) of key companies in Dog Food business, shared in Chapter 3. This report presents a comprehensive overview, market shares …
Search our comprehensive list of pet food franchises for sale. Get investment info, read testimonials, and more.
I started my career with Pet Planet as a corporate employee in November 2002, and from day ONE I admired and respected the founders and their mission and ethics for the company. After working 5 years with Pet Planet corporately, I was ready to become a Pet Planet Franchise Operator.”
May 01, 2019 · Pet franchises require individuals which understand the importance of properly handling and taking care of pets and animals. Many of the franchises often require specialized training and experience with animal handling in order to be able to provide the services being offered.
Pet franchise opportunities include: animal products supplier franchises, animal training and services franchises, pet food franchises and specialized pet store …
Originally posted on Pet Food Franchise Opportunities Canada via Food Opportunities Franchise Mexican
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Corporate Lawyer Midway Utah
As an entrepreneur who wants to set up your own business, one decision that you have to take is decide on the business structure. Speak to an experienced Midway, Utah Corporate lawyer for assistance. There are different business structures and each has its own benefits. If you already have a business and you need help with your LLC, corporation or nonprofit, you can give Ascent Law LLC a call as wall. We’re happy to help you.
Sole Proprietorship
This is probably the simplest form of business structure and is the one often chosen by the individual entrepreneur for the start-up and subsequent operation. From a tax standpoint, the profit from the business is included with the owner’s individual return on Schedule C and is taxed at whatever rate applies to the owner’s personal tax situation. While a very straightforward form of business structure, it has the drawback of offering no personal liability protection. The personal assets of the owner are exposed to litigation against the business, thus increasing this aspect of financial risk.
The business is the responsibility of one person. No other members of the business have any legal arrangement. The individual and the firm are one.
Partnerships
Where more than one individual is involved in the ownership of a business, a sole proprietorship is probably not appropriate and a partnership may be the appropriate business structure. Here again, profits of the business are reported and taxed as part of the owners’ income. The partnership itself pays no tax, but does file an information return. Liability for damages can extend to the partners’ personal assets, although there is protection for some in limited partnerships. A crucial element in any partnership is the careful preparation of the partnership agreement, spelling out profit-sharing and decision-making approaches.
A partnership requires two or more practitioners to provide architectural services. The business entity is not separate or distinct from the partners. In a partnership, each individual (partner) is liable for all of the business and professional debts of the entire partnership, and each partner’s assets may be available for claims.
It is preferable to establish a partnership with a specific written document. Items, which should be understood by each partner and written in the agreement, take into account each partner’s position in the firm regarding income, loss exposure, and individual partner contributions. Corporations
Certainly the business structure of choice for large, established businesses, the corporate structure can be, and is, applied to small or medium-sized businesses, particularly where a number of owners or stockholders are involved. The corporate form is generally thought of as providing protection for the personal assets of the owners in the event of a judgment against the corporation arising out of litigation. While General Motors or Dow stockholders may be concerned with large damage awards, the concern is related to the performance of the corporation and not to the security of their personal assets. It should be noted, however, that in the case of small businesses or start-ups, lending agreements may require that at least a part of the owners’ personal assets be placed at risk, thus negating some of the protection traditionally ascribed to a corporate business structure.
Another significant characteristic of the corporate business structure is the potential for double taxation of profits. As most stockholders of large companies are painfully aware, corporate profits are taxed at the applicable corporate income rate, and then dividends paid from those profits to the owners or stockholders are again taxed on the stockholder’s personal federal and state returns.
Because of these drawbacks to the conventional corporate business structure, there has been developed a modified structure known as an S-type corporation. This is primarily applicable to smaller businesses and is limited to those with thirty-five or fewer stockholders. The S corporation retains the liability protection provided by the conventional corporation but permits the distribution of profits without their being taxed at the corporate level, thus eliminating the problem of double taxation. A business structure known generally as a Limited Liability Company, or LLC, has become a very popular choice in many states including Utah. With registration and administration requirements simpler than those for an S-type corporation, the LLC still, as the name implies, provides the owners with protection of their personal assets.
Corporations are separate legal entities with independence under the law. The corporation is a complicated business structure when compared to a proprietorship or partnership. There are legal requirements for boards of directors, income-tax preparation, corporate minutes, and state-by-state reporting regulations. The corporation does create its own entity, perpetual life, which transcends the individual leadership. The corporation exists as a legal independent entity. It can hold and convey property and sue or be sued in its corporate name. Management is centralized in the board of directors, usually independent overseers. The corporation can transfer interests and limit shareholders’ liability.
Franchise
At the close of the nineteenth century, franchising was still in its infancy. Companies clearly recognized the limitations of the agency system as a method of distribution for complex brand-name goods in the national market. They modified agency sales to suit their needs, but none of the firms using various modifications of the agency system fully understood the potentials of franchising. Similarly, the courts had yet to recognize that the rise of big business had substantially changed the nature of the relationship between large firms and their sales representatives. The full impact of these alterations would become more apparent as large firms gained greater experience in selling nationwide through outlets they did not directly own. In the twentieth century, the burgeoning automobile industry led to the fuller development of franchising.
Once franchising became a desirable tool for building a brand identity for generic goods, the stage was set for the expansion of business-format franchising. The owner of a business-format franchise bought not only the right to sell a manufacturer’s product but also a complete package of services that typically included a fully equipped outlet, training, continued advice, and regular assistance in virtually all areas of operation. This, in turn, led to the situation where the franchise became a product in its own right and ultimately to the creation of a franchise industry where the franchise holder was the customer and the opportunity for business success was the product.
A franchise is a business that uses a parent company’s name to sell a product while maintaining a degree of independence from the parent. The parent company is called the “franchisor,” and the person opening one of these satellite firms is the “franchisee.” To set up a franchise, a franchise contract is drawn up between the franchisor and the franchisee. This contract specifies quality standards for the product, service standards for management and employees, and the financial conditions under which the franchise is formed and operated. The franchisor, after all, must be certain that its reputation is protected as the franchise chain expands. A franchisee takes certain business risks, just like other entrepreneurs do. But thousands of entrepreneurs have chosen to set up shop as independently owned and operated franchises. For example, there are tens of thousands of gas stations operating under parent companies such as Mobil, Getty, and Citgo. Many thousands of franchisees have also entered the fast-food industry under such familiar names as McDonalds, Burger King, Wendy’s, KFC, Subway, Taco Bell, and Domino’s Pizza. You might be interested in becoming a franchisee one day. Before you sign a franchise contract, consider the advantages and disadvantages of this type of business organization.
One advantage is that franchises are fairly easy to organize. Like other businesses, the franchisee must abide by local zoning rules. Negotiating the specific terms of your contract with the franchisor should also be a routine task because the franchisor, most likely, has a standard set of expectations for all franchisees who join the franchise chain. As an added bonus, your creditworthiness typically gets a boost from being associated with a major franchise chain such as McDonald’s, Radio Shack, or H&R Block. The franchisor may even help you finance the start-up costs for your business. This is important because the range of start-up costs runs from thousands of dollars to hundreds of thousands of dollars.
Secondly, franchisors offer technical assistance to franchisees. This type of assistance includes the training of a franchisee in effective management techniques, linking the franchisee with suppliers of materials or resources that are needed in production, and so on. And you are still the boss, entitled to the same inner satisfaction felt by successful proprietors or partners.
A third advantage is immediate name recognition. Franchisors spend freely on national advertising and marketing for their product line. The purpose of this advertising is to promote sales for the entire franchise chain, and you benefit from this publicity.
One disadvantage is your obligation to pay a franchise fee to the franchisor. “Franchise fees” vary from firm to firm, but the dollar amount– which could be measured in a percentage of the franchisee’s profits–is clearly stated in your franchise contract. These fees, coupled with the start-up costs, represent a considerable sum of money.
Finally, the stability of the business falls on the back of the franchisee. In this respect, the franchisee shares a burden similar to that of the sole proprietor. What would happen to the firm if the franchisee suffered from a prolonged injury or sickness? As was the case with all other types of businesses, there are no guarantees of success.
Other Forms
Two additional types of businesses also have an important role to play in the U.S. economy: cooperatives and nonprofit organizations. One feature of these types of business organizations that immediately stands out is that they are not organized to earn profits! This sets them apart from all other types of businesses where profit is the primary motive for their existence.
Cooperatives
A cooperative, or co-op, is a voluntary association of people that conducts a business activity to serve its members rather than reap a profit. Members of co-ops usually belong to a group, such as producers within a certain industry, workers in a labor union, or the like. In addition, members of co-ops are usually required to pay a small fee to join the co- op. Co-ops exist all around us. For example, a food co-op allows members to shop at the co-op store, where prices for some food items are lower than those at supermarkets. Agricultural co-ops help members negotiate better prices for their output. Financial co-ops, such as credit unions, permit members to deposit and borrow money, write checks (called share drafts), and conduct other financial transactions. You may even bump into a consumer co-op at college. Many bookstores on college campuses are organized as student co-ops.
Nonprofit Organizations
Nonprofit organizations provide important services to people, but do not do so for profits. Because they do not seek profits, issue stock, or pay dividends, they are exempted from paying taxes to Uncle Sam! Many groups involved in charitable, humanitarian, or community service activities are nonprofit organizations. Examples include the American Red Cross, the Cancer Society, and the Boy Scouts and Girl Scouts of America. It may seem strange to think of these organizations as “producers,” but they all use resources to provide goods and services. And while profit is not their incentive to produce, the fact that they continue to thrive–mainly on voluntary donations–hints that Americans value what they produce.
Insurance
Many businesses are required to carry some forms of insurance, such as workers’ compensation. Other types of insurance, particularly liability insurance, may not be required, but are generally advisable. In the case of a sole proprietorship or partnership, such a policy may protect the entrepreneur from losing personal assets. In the case of a corporation, such a policy may protect the firm’s assets. There may be a number of other types of coverage which you should also consider.
Meeting Government Requirements
Different municipalities and counties have different requirements for starting a business and different agencies to administer those requirements. Local ordinances might also require that particular types of businesses, for example those working with food, be licensed. The federal government also has regulations. The legal requirements that will affect the business should be evaluated before the business opens its doors. An experienced Midway, Utah corporate lawyer can help you decide on the best structure for your business.
Free Consultation with a Utah Business Lawyer
If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Can Credit Repair Remove Bankruptcies?
Probate lawyer Layton Utah
Shared Custody
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from https://www.ascentlawfirm.com/corporate-lawyer-midway-utah/
from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/corporate-lawyer-midway-utah
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Corporate Lawyer Midway Utah
As an entrepreneur who wants to set up your own business, one decision that you have to take is decide on the business structure. Speak to an experienced Midway, Utah Corporate lawyer for assistance. There are different business structures and each has its own benefits. If you already have a business and you need help with your LLC, corporation or nonprofit, you can give Ascent Law LLC a call as wall. We’re happy to help you.
Sole Proprietorship
This is probably the simplest form of business structure and is the one often chosen by the individual entrepreneur for the start-up and subsequent operation. From a tax standpoint, the profit from the business is included with the owner’s individual return on Schedule C and is taxed at whatever rate applies to the owner’s personal tax situation. While a very straightforward form of business structure, it has the drawback of offering no personal liability protection. The personal assets of the owner are exposed to litigation against the business, thus increasing this aspect of financial risk.
The business is the responsibility of one person. No other members of the business have any legal arrangement. The individual and the firm are one.
Partnerships
Where more than one individual is involved in the ownership of a business, a sole proprietorship is probably not appropriate and a partnership may be the appropriate business structure. Here again, profits of the business are reported and taxed as part of the owners’ income. The partnership itself pays no tax, but does file an information return. Liability for damages can extend to the partners’ personal assets, although there is protection for some in limited partnerships. A crucial element in any partnership is the careful preparation of the partnership agreement, spelling out profit-sharing and decision-making approaches.
youtube
A partnership requires two or more practitioners to provide architectural services. The business entity is not separate or distinct from the partners. In a partnership, each individual (partner) is liable for all of the business and professional debts of the entire partnership, and each partner’s assets may be available for claims.
It is preferable to establish a partnership with a specific written document. Items, which should be understood by each partner and written in the agreement, take into account each partner’s position in the firm regarding income, loss exposure, and individual partner contributions. Corporations
Certainly the business structure of choice for large, established businesses, the corporate structure can be, and is, applied to small or medium-sized businesses, particularly where a number of owners or stockholders are involved. The corporate form is generally thought of as providing protection for the personal assets of the owners in the event of a judgment against the corporation arising out of litigation. While General Motors or Dow stockholders may be concerned with large damage awards, the concern is related to the performance of the corporation and not to the security of their personal assets. It should be noted, however, that in the case of small businesses or start-ups, lending agreements may require that at least a part of the owners’ personal assets be placed at risk, thus negating some of the protection traditionally ascribed to a corporate business structure.
Another significant characteristic of the corporate business structure is the potential for double taxation of profits. As most stockholders of large companies are painfully aware, corporate profits are taxed at the applicable corporate income rate, and then dividends paid from those profits to the owners or stockholders are again taxed on the stockholder’s personal federal and state returns.
Because of these drawbacks to the conventional corporate business structure, there has been developed a modified structure known as an S-type corporation. This is primarily applicable to smaller businesses and is limited to those with thirty-five or fewer stockholders. The S corporation retains the liability protection provided by the conventional corporation but permits the distribution of profits without their being taxed at the corporate level, thus eliminating the problem of double taxation. A business structure known generally as a Limited Liability Company, or LLC, has become a very popular choice in many states including Utah. With registration and administration requirements simpler than those for an S-type corporation, the LLC still, as the name implies, provides the owners with protection of their personal assets.
youtube
Corporations are separate legal entities with independence under the law. The corporation is a complicated business structure when compared to a proprietorship or partnership. There are legal requirements for boards of directors, income-tax preparation, corporate minutes, and state-by-state reporting regulations. The corporation does create its own entity, perpetual life, which transcends the individual leadership. The corporation exists as a legal independent entity. It can hold and convey property and sue or be sued in its corporate name. Management is centralized in the board of directors, usually independent overseers. The corporation can transfer interests and limit shareholders’ liability.
Franchise
At the close of the nineteenth century, franchising was still in its infancy. Companies clearly recognized the limitations of the agency system as a method of distribution for complex brand-name goods in the national market. They modified agency sales to suit their needs, but none of the firms using various modifications of the agency system fully understood the potentials of franchising. Similarly, the courts had yet to recognize that the rise of big business had substantially changed the nature of the relationship between large firms and their sales representatives. The full impact of these alterations would become more apparent as large firms gained greater experience in selling nationwide through outlets they did not directly own. In the twentieth century, the burgeoning automobile industry led to the fuller development of franchising.
Once franchising became a desirable tool for building a brand identity for generic goods, the stage was set for the expansion of business-format franchising. The owner of a business-format franchise bought not only the right to sell a manufacturer’s product but also a complete package of services that typically included a fully equipped outlet, training, continued advice, and regular assistance in virtually all areas of operation. This, in turn, led to the situation where the franchise became a product in its own right and ultimately to the creation of a franchise industry where the franchise holder was the customer and the opportunity for business success was the product.
A franchise is a business that uses a parent company’s name to sell a product while maintaining a degree of independence from the parent. The parent company is called the “franchisor,” and the person opening one of these satellite firms is the “franchisee.” To set up a franchise, a franchise contract is drawn up between the franchisor and the franchisee. This contract specifies quality standards for the product, service standards for management and employees, and the financial conditions under which the franchise is formed and operated. The franchisor, after all, must be certain that its reputation is protected as the franchise chain expands. A franchisee takes certain business risks, just like other entrepreneurs do. But thousands of entrepreneurs have chosen to set up shop as independently owned and operated franchises. For example, there are tens of thousands of gas stations operating under parent companies such as Mobil, Getty, and Citgo. Many thousands of franchisees have also entered the fast-food industry under such familiar names as McDonalds, Burger King, Wendy’s, KFC, Subway, Taco Bell, and Domino’s Pizza. You might be interested in becoming a franchisee one day. Before you sign a franchise contract, consider the advantages and disadvantages of this type of business organization.
youtube
One advantage is that franchises are fairly easy to organize. Like other businesses, the franchisee must abide by local zoning rules. Negotiating the specific terms of your contract with the franchisor should also be a routine task because the franchisor, most likely, has a standard set of expectations for all franchisees who join the franchise chain. As an added bonus, your creditworthiness typically gets a boost from being associated with a major franchise chain such as McDonald’s, Radio Shack, or H&R Block. The franchisor may even help you finance the start-up costs for your business. This is important because the range of start-up costs runs from thousands of dollars to hundreds of thousands of dollars.
Secondly, franchisors offer technical assistance to franchisees. This type of assistance includes the training of a franchisee in effective management techniques, linking the franchisee with suppliers of materials or resources that are needed in production, and so on. And you are still the boss, entitled to the same inner satisfaction felt by successful proprietors or partners.
A third advantage is immediate name recognition. Franchisors spend freely on national advertising and marketing for their product line. The purpose of this advertising is to promote sales for the entire franchise chain, and you benefit from this publicity.
One disadvantage is your obligation to pay a franchise fee to the franchisor. “Franchise fees” vary from firm to firm, but the dollar amount– which could be measured in a percentage of the franchisee’s profits–is clearly stated in your franchise contract. These fees, coupled with the start-up costs, represent a considerable sum of money.
Finally, the stability of the business falls on the back of the franchisee. In this respect, the franchisee shares a burden similar to that of the sole proprietor. What would happen to the firm if the franchisee suffered from a prolonged injury or sickness? As was the case with all other types of businesses, there are no guarantees of success.
Other Forms
Two additional types of businesses also have an important role to play in the U.S. economy: cooperatives and nonprofit organizations. One feature of these types of business organizations that immediately stands out is that they are not organized to earn profits! This sets them apart from all other types of businesses where profit is the primary motive for their existence.
Cooperatives
A cooperative, or co-op, is a voluntary association of people that conducts a business activity to serve its members rather than reap a profit. Members of co-ops usually belong to a group, such as producers within a certain industry, workers in a labor union, or the like. In addition, members of co-ops are usually required to pay a small fee to join the co- op. Co-ops exist all around us. For example, a food co-op allows members to shop at the co-op store, where prices for some food items are lower than those at supermarkets. Agricultural co-ops help members negotiate better prices for their output. Financial co-ops, such as credit unions, permit members to deposit and borrow money, write checks (called share drafts), and conduct other financial transactions. You may even bump into a consumer co-op at college. Many bookstores on college campuses are organized as student co-ops.
Nonprofit Organizations
Nonprofit organizations provide important services to people, but do not do so for profits. Because they do not seek profits, issue stock, or pay dividends, they are exempted from paying taxes to Uncle Sam! Many groups involved in charitable, humanitarian, or community service activities are nonprofit organizations. Examples include the American Red Cross, the Cancer Society, and the Boy Scouts and Girl Scouts of America. It may seem strange to think of these organizations as “producers,” but they all use resources to provide goods and services. And while profit is not their incentive to produce, the fact that they continue to thrive–mainly on voluntary donations–hints that Americans value what they produce.
Insurance
Many businesses are required to carry some forms of insurance, such as workers’ compensation. Other types of insurance, particularly liability insurance, may not be required, but are generally advisable. In the case of a sole proprietorship or partnership, such a policy may protect the entrepreneur from losing personal assets. In the case of a corporation, such a policy may protect the firm’s assets. There may be a number of other types of coverage which you should also consider.
Meeting Government Requirements
Different municipalities and counties have different requirements for starting a business and different agencies to administer those requirements. Local ordinances might also require that particular types of businesses, for example those working with food, be licensed. The federal government also has regulations. The legal requirements that will affect the business should be evaluated before the business opens its doors. An experienced Midway, Utah corporate lawyer can help you decide on the best structure for your business.
Free Consultation with a Utah Business Lawyer
If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Can Credit Repair Remove Bankruptcies?
Probate lawyer Layton Utah
Shared Custody
Estate Tax Law
Divorce Alternatives
Did Divorce Rates Increase In The 1990s?
Source: https://www.ascentlawfirm.com/corporate-lawyer-midway-utah/
0 notes
Text
Corporate Lawyer Midway Utah
As an entrepreneur who wants to set up your own business, one decision that you have to take is decide on the business structure. Speak to an experienced Midway, Utah Corporate lawyer for assistance. There are different business structures and each has its own benefits. If you already have a business and you need help with your LLC, corporation or nonprofit, you can give Ascent Law LLC a call as wall. We’re happy to help you.
Sole Proprietorship
This is probably the simplest form of business structure and is the one often chosen by the individual entrepreneur for the start-up and subsequent operation. From a tax standpoint, the profit from the business is included with the owner’s individual return on Schedule C and is taxed at whatever rate applies to the owner’s personal tax situation. While a very straightforward form of business structure, it has the drawback of offering no personal liability protection. The personal assets of the owner are exposed to litigation against the business, thus increasing this aspect of financial risk.
The business is the responsibility of one person. No other members of the business have any legal arrangement. The individual and the firm are one.
Partnerships
Where more than one individual is involved in the ownership of a business, a sole proprietorship is probably not appropriate and a partnership may be the appropriate business structure. Here again, profits of the business are reported and taxed as part of the owners’ income. The partnership itself pays no tax, but does file an information return. Liability for damages can extend to the partners’ personal assets, although there is protection for some in limited partnerships. A crucial element in any partnership is the careful preparation of the partnership agreement, spelling out profit-sharing and decision-making approaches.
youtube
A partnership requires two or more practitioners to provide architectural services. The business entity is not separate or distinct from the partners. In a partnership, each individual (partner) is liable for all of the business and professional debts of the entire partnership, and each partner’s assets may be available for claims.
It is preferable to establish a partnership with a specific written document. Items, which should be understood by each partner and written in the agreement, take into account each partner’s position in the firm regarding income, loss exposure, and individual partner contributions. Corporations
Certainly the business structure of choice for large, established businesses, the corporate structure can be, and is, applied to small or medium-sized businesses, particularly where a number of owners or stockholders are involved. The corporate form is generally thought of as providing protection for the personal assets of the owners in the event of a judgment against the corporation arising out of litigation. While General Motors or Dow stockholders may be concerned with large damage awards, the concern is related to the performance of the corporation and not to the security of their personal assets. It should be noted, however, that in the case of small businesses or start-ups, lending agreements may require that at least a part of the owners’ personal assets be placed at risk, thus negating some of the protection traditionally ascribed to a corporate business structure.
Another significant characteristic of the corporate business structure is the potential for double taxation of profits. As most stockholders of large companies are painfully aware, corporate profits are taxed at the applicable corporate income rate, and then dividends paid from those profits to the owners or stockholders are again taxed on the stockholder’s personal federal and state returns.
Because of these drawbacks to the conventional corporate business structure, there has been developed a modified structure known as an S-type corporation. This is primarily applicable to smaller businesses and is limited to those with thirty-five or fewer stockholders. The S corporation retains the liability protection provided by the conventional corporation but permits the distribution of profits without their being taxed at the corporate level, thus eliminating the problem of double taxation. A business structure known generally as a Limited Liability Company, or LLC, has become a very popular choice in many states including Utah. With registration and administration requirements simpler than those for an S-type corporation, the LLC still, as the name implies, provides the owners with protection of their personal assets.
youtube
Corporations are separate legal entities with independence under the law. The corporation is a complicated business structure when compared to a proprietorship or partnership. There are legal requirements for boards of directors, income-tax preparation, corporate minutes, and state-by-state reporting regulations. The corporation does create its own entity, perpetual life, which transcends the individual leadership. The corporation exists as a legal independent entity. It can hold and convey property and sue or be sued in its corporate name. Management is centralized in the board of directors, usually independent overseers. The corporation can transfer interests and limit shareholders’ liability.
Franchise
At the close of the nineteenth century, franchising was still in its infancy. Companies clearly recognized the limitations of the agency system as a method of distribution for complex brand-name goods in the national market. They modified agency sales to suit their needs, but none of the firms using various modifications of the agency system fully understood the potentials of franchising. Similarly, the courts had yet to recognize that the rise of big business had substantially changed the nature of the relationship between large firms and their sales representatives. The full impact of these alterations would become more apparent as large firms gained greater experience in selling nationwide through outlets they did not directly own. In the twentieth century, the burgeoning automobile industry led to the fuller development of franchising.
Once franchising became a desirable tool for building a brand identity for generic goods, the stage was set for the expansion of business-format franchising. The owner of a business-format franchise bought not only the right to sell a manufacturer’s product but also a complete package of services that typically included a fully equipped outlet, training, continued advice, and regular assistance in virtually all areas of operation. This, in turn, led to the situation where the franchise became a product in its own right and ultimately to the creation of a franchise industry where the franchise holder was the customer and the opportunity for business success was the product.
A franchise is a business that uses a parent company’s name to sell a product while maintaining a degree of independence from the parent. The parent company is called the “franchisor,” and the person opening one of these satellite firms is the “franchisee.” To set up a franchise, a franchise contract is drawn up between the franchisor and the franchisee. This contract specifies quality standards for the product, service standards for management and employees, and the financial conditions under which the franchise is formed and operated. The franchisor, after all, must be certain that its reputation is protected as the franchise chain expands. A franchisee takes certain business risks, just like other entrepreneurs do. But thousands of entrepreneurs have chosen to set up shop as independently owned and operated franchises. For example, there are tens of thousands of gas stations operating under parent companies such as Mobil, Getty, and Citgo. Many thousands of franchisees have also entered the fast-food industry under such familiar names as McDonalds, Burger King, Wendy’s, KFC, Subway, Taco Bell, and Domino’s Pizza. You might be interested in becoming a franchisee one day. Before you sign a franchise contract, consider the advantages and disadvantages of this type of business organization.
youtube
One advantage is that franchises are fairly easy to organize. Like other businesses, the franchisee must abide by local zoning rules. Negotiating the specific terms of your contract with the franchisor should also be a routine task because the franchisor, most likely, has a standard set of expectations for all franchisees who join the franchise chain. As an added bonus, your creditworthiness typically gets a boost from being associated with a major franchise chain such as McDonald’s, Radio Shack, or H&R Block. The franchisor may even help you finance the start-up costs for your business. This is important because the range of start-up costs runs from thousands of dollars to hundreds of thousands of dollars.
Secondly, franchisors offer technical assistance to franchisees. This type of assistance includes the training of a franchisee in effective management techniques, linking the franchisee with suppliers of materials or resources that are needed in production, and so on. And you are still the boss, entitled to the same inner satisfaction felt by successful proprietors or partners.
A third advantage is immediate name recognition. Franchisors spend freely on national advertising and marketing for their product line. The purpose of this advertising is to promote sales for the entire franchise chain, and you benefit from this publicity.
One disadvantage is your obligation to pay a franchise fee to the franchisor. “Franchise fees” vary from firm to firm, but the dollar amount– which could be measured in a percentage of the franchisee’s profits–is clearly stated in your franchise contract. These fees, coupled with the start-up costs, represent a considerable sum of money.
Finally, the stability of the business falls on the back of the franchisee. In this respect, the franchisee shares a burden similar to that of the sole proprietor. What would happen to the firm if the franchisee suffered from a prolonged injury or sickness? As was the case with all other types of businesses, there are no guarantees of success.
Other Forms
Two additional types of businesses also have an important role to play in the U.S. economy: cooperatives and nonprofit organizations. One feature of these types of business organizations that immediately stands out is that they are not organized to earn profits! This sets them apart from all other types of businesses where profit is the primary motive for their existence.
Cooperatives
A cooperative, or co-op, is a voluntary association of people that conducts a business activity to serve its members rather than reap a profit. Members of co-ops usually belong to a group, such as producers within a certain industry, workers in a labor union, or the like. In addition, members of co-ops are usually required to pay a small fee to join the co- op. Co-ops exist all around us. For example, a food co-op allows members to shop at the co-op store, where prices for some food items are lower than those at supermarkets. Agricultural co-ops help members negotiate better prices for their output. Financial co-ops, such as credit unions, permit members to deposit and borrow money, write checks (called share drafts), and conduct other financial transactions. You may even bump into a consumer co-op at college. Many bookstores on college campuses are organized as student co-ops.
Nonprofit Organizations
Nonprofit organizations provide important services to people, but do not do so for profits. Because they do not seek profits, issue stock, or pay dividends, they are exempted from paying taxes to Uncle Sam! Many groups involved in charitable, humanitarian, or community service activities are nonprofit organizations. Examples include the American Red Cross, the Cancer Society, and the Boy Scouts and Girl Scouts of America. It may seem strange to think of these organizations as “producers,” but they all use resources to provide goods and services. And while profit is not their incentive to produce, the fact that they continue to thrive–mainly on voluntary donations–hints that Americans value what they produce.
Insurance
Many businesses are required to carry some forms of insurance, such as workers’ compensation. Other types of insurance, particularly liability insurance, may not be required, but are generally advisable. In the case of a sole proprietorship or partnership, such a policy may protect the entrepreneur from losing personal assets. In the case of a corporation, such a policy may protect the firm’s assets. There may be a number of other types of coverage which you should also consider.
Meeting Government Requirements
Different municipalities and counties have different requirements for starting a business and different agencies to administer those requirements. Local ordinances might also require that particular types of businesses, for example those working with food, be licensed. The federal government also has regulations. The legal requirements that will affect the business should be evaluated before the business opens its doors. An experienced Midway, Utah corporate lawyer can help you decide on the best structure for your business.
Free Consultation with a Utah Business Lawyer
If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Can Credit Repair Remove Bankruptcies?
Probate lawyer Layton Utah
Shared Custody
Estate Tax Law
Divorce Alternatives
Did Divorce Rates Increase In The 1990s?
Source: https://www.ascentlawfirm.com/corporate-lawyer-midway-utah/
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Corporate Lawyer Midway Utah
As an entrepreneur who wants to set up your own business, one decision that you have to take is decide on the business structure. Speak to an experienced Midway, Utah Corporate lawyer for assistance. There are different business structures and each has its own benefits. If you already have a business and you need help with your LLC, corporation or nonprofit, you can give Ascent Law LLC a call as wall. We’re happy to help you.
Sole Proprietorship
This is probably the simplest form of business structure and is the one often chosen by the individual entrepreneur for the start-up and subsequent operation. From a tax standpoint, the profit from the business is included with the owner’s individual return on Schedule C and is taxed at whatever rate applies to the owner’s personal tax situation. While a very straightforward form of business structure, it has the drawback of offering no personal liability protection. The personal assets of the owner are exposed to litigation against the business, thus increasing this aspect of financial risk.
The business is the responsibility of one person. No other members of the business have any legal arrangement. The individual and the firm are one.
Partnerships
Where more than one individual is involved in the ownership of a business, a sole proprietorship is probably not appropriate and a partnership may be the appropriate business structure. Here again, profits of the business are reported and taxed as part of the owners’ income. The partnership itself pays no tax, but does file an information return. Liability for damages can extend to the partners’ personal assets, although there is protection for some in limited partnerships. A crucial element in any partnership is the careful preparation of the partnership agreement, spelling out profit-sharing and decision-making approaches.
youtube
A partnership requires two or more practitioners to provide architectural services. The business entity is not separate or distinct from the partners. In a partnership, each individual (partner) is liable for all of the business and professional debts of the entire partnership, and each partner’s assets may be available for claims.
It is preferable to establish a partnership with a specific written document. Items, which should be understood by each partner and written in the agreement, take into account each partner’s position in the firm regarding income, loss exposure, and individual partner contributions. Corporations
Certainly the business structure of choice for large, established businesses, the corporate structure can be, and is, applied to small or medium-sized businesses, particularly where a number of owners or stockholders are involved. The corporate form is generally thought of as providing protection for the personal assets of the owners in the event of a judgment against the corporation arising out of litigation. While General Motors or Dow stockholders may be concerned with large damage awards, the concern is related to the performance of the corporation and not to the security of their personal assets. It should be noted, however, that in the case of small businesses or start-ups, lending agreements may require that at least a part of the owners’ personal assets be placed at risk, thus negating some of the protection traditionally ascribed to a corporate business structure.
Another significant characteristic of the corporate business structure is the potential for double taxation of profits. As most stockholders of large companies are painfully aware, corporate profits are taxed at the applicable corporate income rate, and then dividends paid from those profits to the owners or stockholders are again taxed on the stockholder’s personal federal and state returns.
Because of these drawbacks to the conventional corporate business structure, there has been developed a modified structure known as an S-type corporation. This is primarily applicable to smaller businesses and is limited to those with thirty-five or fewer stockholders. The S corporation retains the liability protection provided by the conventional corporation but permits the distribution of profits without their being taxed at the corporate level, thus eliminating the problem of double taxation. A business structure known generally as a Limited Liability Company, or LLC, has become a very popular choice in many states including Utah. With registration and administration requirements simpler than those for an S-type corporation, the LLC still, as the name implies, provides the owners with protection of their personal assets.
youtube
Corporations are separate legal entities with independence under the law. The corporation is a complicated business structure when compared to a proprietorship or partnership. There are legal requirements for boards of directors, income-tax preparation, corporate minutes, and state-by-state reporting regulations. The corporation does create its own entity, perpetual life, which transcends the individual leadership. The corporation exists as a legal independent entity. It can hold and convey property and sue or be sued in its corporate name. Management is centralized in the board of directors, usually independent overseers. The corporation can transfer interests and limit shareholders’ liability.
Franchise
At the close of the nineteenth century, franchising was still in its infancy. Companies clearly recognized the limitations of the agency system as a method of distribution for complex brand-name goods in the national market. They modified agency sales to suit their needs, but none of the firms using various modifications of the agency system fully understood the potentials of franchising. Similarly, the courts had yet to recognize that the rise of big business had substantially changed the nature of the relationship between large firms and their sales representatives. The full impact of these alterations would become more apparent as large firms gained greater experience in selling nationwide through outlets they did not directly own. In the twentieth century, the burgeoning automobile industry led to the fuller development of franchising.
Once franchising became a desirable tool for building a brand identity for generic goods, the stage was set for the expansion of business-format franchising. The owner of a business-format franchise bought not only the right to sell a manufacturer’s product but also a complete package of services that typically included a fully equipped outlet, training, continued advice, and regular assistance in virtually all areas of operation. This, in turn, led to the situation where the franchise became a product in its own right and ultimately to the creation of a franchise industry where the franchise holder was the customer and the opportunity for business success was the product.
A franchise is a business that uses a parent company’s name to sell a product while maintaining a degree of independence from the parent. The parent company is called the “franchisor,” and the person opening one of these satellite firms is the “franchisee.” To set up a franchise, a franchise contract is drawn up between the franchisor and the franchisee. This contract specifies quality standards for the product, service standards for management and employees, and the financial conditions under which the franchise is formed and operated. The franchisor, after all, must be certain that its reputation is protected as the franchise chain expands. A franchisee takes certain business risks, just like other entrepreneurs do. But thousands of entrepreneurs have chosen to set up shop as independently owned and operated franchises. For example, there are tens of thousands of gas stations operating under parent companies such as Mobil, Getty, and Citgo. Many thousands of franchisees have also entered the fast-food industry under such familiar names as McDonalds, Burger King, Wendy’s, KFC, Subway, Taco Bell, and Domino’s Pizza. You might be interested in becoming a franchisee one day. Before you sign a franchise contract, consider the advantages and disadvantages of this type of business organization.
youtube
One advantage is that franchises are fairly easy to organize. Like other businesses, the franchisee must abide by local zoning rules. Negotiating the specific terms of your contract with the franchisor should also be a routine task because the franchisor, most likely, has a standard set of expectations for all franchisees who join the franchise chain. As an added bonus, your creditworthiness typically gets a boost from being associated with a major franchise chain such as McDonald’s, Radio Shack, or H&R Block. The franchisor may even help you finance the start-up costs for your business. This is important because the range of start-up costs runs from thousands of dollars to hundreds of thousands of dollars.
Secondly, franchisors offer technical assistance to franchisees. This type of assistance includes the training of a franchisee in effective management techniques, linking the franchisee with suppliers of materials or resources that are needed in production, and so on. And you are still the boss, entitled to the same inner satisfaction felt by successful proprietors or partners.
A third advantage is immediate name recognition. Franchisors spend freely on national advertising and marketing for their product line. The purpose of this advertising is to promote sales for the entire franchise chain, and you benefit from this publicity.
One disadvantage is your obligation to pay a franchise fee to the franchisor. “Franchise fees” vary from firm to firm, but the dollar amount– which could be measured in a percentage of the franchisee’s profits–is clearly stated in your franchise contract. These fees, coupled with the start-up costs, represent a considerable sum of money.
Finally, the stability of the business falls on the back of the franchisee. In this respect, the franchisee shares a burden similar to that of the sole proprietor. What would happen to the firm if the franchisee suffered from a prolonged injury or sickness? As was the case with all other types of businesses, there are no guarantees of success.
Other Forms
Two additional types of businesses also have an important role to play in the U.S. economy: cooperatives and nonprofit organizations. One feature of these types of business organizations that immediately stands out is that they are not organized to earn profits! This sets them apart from all other types of businesses where profit is the primary motive for their existence.
Cooperatives
A cooperative, or co-op, is a voluntary association of people that conducts a business activity to serve its members rather than reap a profit. Members of co-ops usually belong to a group, such as producers within a certain industry, workers in a labor union, or the like. In addition, members of co-ops are usually required to pay a small fee to join the co- op. Co-ops exist all around us. For example, a food co-op allows members to shop at the co-op store, where prices for some food items are lower than those at supermarkets. Agricultural co-ops help members negotiate better prices for their output. Financial co-ops, such as credit unions, permit members to deposit and borrow money, write checks (called share drafts), and conduct other financial transactions. You may even bump into a consumer co-op at college. Many bookstores on college campuses are organized as student co-ops.
Nonprofit Organizations
Nonprofit organizations provide important services to people, but do not do so for profits. Because they do not seek profits, issue stock, or pay dividends, they are exempted from paying taxes to Uncle Sam! Many groups involved in charitable, humanitarian, or community service activities are nonprofit organizations. Examples include the American Red Cross, the Cancer Society, and the Boy Scouts and Girl Scouts of America. It may seem strange to think of these organizations as “producers,” but they all use resources to provide goods and services. And while profit is not their incentive to produce, the fact that they continue to thrive–mainly on voluntary donations–hints that Americans value what they produce.
Insurance
Many businesses are required to carry some forms of insurance, such as workers’ compensation. Other types of insurance, particularly liability insurance, may not be required, but are generally advisable. In the case of a sole proprietorship or partnership, such a policy may protect the entrepreneur from losing personal assets. In the case of a corporation, such a policy may protect the firm’s assets. There may be a number of other types of coverage which you should also consider.
Meeting Government Requirements
Different municipalities and counties have different requirements for starting a business and different agencies to administer those requirements. Local ordinances might also require that particular types of businesses, for example those working with food, be licensed. The federal government also has regulations. The legal requirements that will affect the business should be evaluated before the business opens its doors. An experienced Midway, Utah corporate lawyer can help you decide on the best structure for your business.
Free Consultation with a Utah Business Lawyer
If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Can Credit Repair Remove Bankruptcies?
Probate lawyer Layton Utah
Shared Custody
Estate Tax Law
Divorce Alternatives
Did Divorce Rates Increase In The 1990s?
from Michael Anderson https://www.ascentlawfirm.com/corporate-lawyer-midway-utah/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/187752818015
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Corporate Lawyer Midway Utah
As an entrepreneur who wants to set up your own business, one decision that you have to take is decide on the business structure. Speak to an experienced Midway, Utah Corporate lawyer for assistance. There are different business structures and each has its own benefits. If you already have a business and you need help with your LLC, corporation or nonprofit, you can give Ascent Law LLC a call as wall. We’re happy to help you.
Sole Proprietorship
This is probably the simplest form of business structure and is the one often chosen by the individual entrepreneur for the start-up and subsequent operation. From a tax standpoint, the profit from the business is included with the owner’s individual return on Schedule C and is taxed at whatever rate applies to the owner’s personal tax situation. While a very straightforward form of business structure, it has the drawback of offering no personal liability protection. The personal assets of the owner are exposed to litigation against the business, thus increasing this aspect of financial risk.
The business is the responsibility of one person. No other members of the business have any legal arrangement. The individual and the firm are one.
Partnerships
Where more than one individual is involved in the ownership of a business, a sole proprietorship is probably not appropriate and a partnership may be the appropriate business structure. Here again, profits of the business are reported and taxed as part of the owners’ income. The partnership itself pays no tax, but does file an information return. Liability for damages can extend to the partners’ personal assets, although there is protection for some in limited partnerships. A crucial element in any partnership is the careful preparation of the partnership agreement, spelling out profit-sharing and decision-making approaches.
youtube
A partnership requires two or more practitioners to provide architectural services. The business entity is not separate or distinct from the partners. In a partnership, each individual (partner) is liable for all of the business and professional debts of the entire partnership, and each partner’s assets may be available for claims.
It is preferable to establish a partnership with a specific written document. Items, which should be understood by each partner and written in the agreement, take into account each partner’s position in the firm regarding income, loss exposure, and individual partner contributions. Corporations
Certainly the business structure of choice for large, established businesses, the corporate structure can be, and is, applied to small or medium-sized businesses, particularly where a number of owners or stockholders are involved. The corporate form is generally thought of as providing protection for the personal assets of the owners in the event of a judgment against the corporation arising out of litigation. While General Motors or Dow stockholders may be concerned with large damage awards, the concern is related to the performance of the corporation and not to the security of their personal assets. It should be noted, however, that in the case of small businesses or start-ups, lending agreements may require that at least a part of the owners’ personal assets be placed at risk, thus negating some of the protection traditionally ascribed to a corporate business structure.
Another significant characteristic of the corporate business structure is the potential for double taxation of profits. As most stockholders of large companies are painfully aware, corporate profits are taxed at the applicable corporate income rate, and then dividends paid from those profits to the owners or stockholders are again taxed on the stockholder’s personal federal and state returns.
Because of these drawbacks to the conventional corporate business structure, there has been developed a modified structure known as an S-type corporation. This is primarily applicable to smaller businesses and is limited to those with thirty-five or fewer stockholders. The S corporation retains the liability protection provided by the conventional corporation but permits the distribution of profits without their being taxed at the corporate level, thus eliminating the problem of double taxation. A business structure known generally as a Limited Liability Company, or LLC, has become a very popular choice in many states including Utah. With registration and administration requirements simpler than those for an S-type corporation, the LLC still, as the name implies, provides the owners with protection of their personal assets.
youtube
Corporations are separate legal entities with independence under the law. The corporation is a complicated business structure when compared to a proprietorship or partnership. There are legal requirements for boards of directors, income-tax preparation, corporate minutes, and state-by-state reporting regulations. The corporation does create its own entity, perpetual life, which transcends the individual leadership. The corporation exists as a legal independent entity. It can hold and convey property and sue or be sued in its corporate name. Management is centralized in the board of directors, usually independent overseers. The corporation can transfer interests and limit shareholders’ liability.
Franchise
At the close of the nineteenth century, franchising was still in its infancy. Companies clearly recognized the limitations of the agency system as a method of distribution for complex brand-name goods in the national market. They modified agency sales to suit their needs, but none of the firms using various modifications of the agency system fully understood the potentials of franchising. Similarly, the courts had yet to recognize that the rise of big business had substantially changed the nature of the relationship between large firms and their sales representatives. The full impact of these alterations would become more apparent as large firms gained greater experience in selling nationwide through outlets they did not directly own. In the twentieth century, the burgeoning automobile industry led to the fuller development of franchising.
Once franchising became a desirable tool for building a brand identity for generic goods, the stage was set for the expansion of business-format franchising. The owner of a business-format franchise bought not only the right to sell a manufacturer’s product but also a complete package of services that typically included a fully equipped outlet, training, continued advice, and regular assistance in virtually all areas of operation. This, in turn, led to the situation where the franchise became a product in its own right and ultimately to the creation of a franchise industry where the franchise holder was the customer and the opportunity for business success was the product.
A franchise is a business that uses a parent company’s name to sell a product while maintaining a degree of independence from the parent. The parent company is called the “franchisor,” and the person opening one of these satellite firms is the “franchisee.” To set up a franchise, a franchise contract is drawn up between the franchisor and the franchisee. This contract specifies quality standards for the product, service standards for management and employees, and the financial conditions under which the franchise is formed and operated. The franchisor, after all, must be certain that its reputation is protected as the franchise chain expands. A franchisee takes certain business risks, just like other entrepreneurs do. But thousands of entrepreneurs have chosen to set up shop as independently owned and operated franchises. For example, there are tens of thousands of gas stations operating under parent companies such as Mobil, Getty, and Citgo. Many thousands of franchisees have also entered the fast-food industry under such familiar names as McDonalds, Burger King, Wendy’s, KFC, Subway, Taco Bell, and Domino’s Pizza. You might be interested in becoming a franchisee one day. Before you sign a franchise contract, consider the advantages and disadvantages of this type of business organization.
youtube
One advantage is that franchises are fairly easy to organize. Like other businesses, the franchisee must abide by local zoning rules. Negotiating the specific terms of your contract with the franchisor should also be a routine task because the franchisor, most likely, has a standard set of expectations for all franchisees who join the franchise chain. As an added bonus, your creditworthiness typically gets a boost from being associated with a major franchise chain such as McDonald’s, Radio Shack, or H&R Block. The franchisor may even help you finance the start-up costs for your business. This is important because the range of start-up costs runs from thousands of dollars to hundreds of thousands of dollars.
Secondly, franchisors offer technical assistance to franchisees. This type of assistance includes the training of a franchisee in effective management techniques, linking the franchisee with suppliers of materials or resources that are needed in production, and so on. And you are still the boss, entitled to the same inner satisfaction felt by successful proprietors or partners.
A third advantage is immediate name recognition. Franchisors spend freely on national advertising and marketing for their product line. The purpose of this advertising is to promote sales for the entire franchise chain, and you benefit from this publicity.
One disadvantage is your obligation to pay a franchise fee to the franchisor. “Franchise fees” vary from firm to firm, but the dollar amount– which could be measured in a percentage of the franchisee’s profits–is clearly stated in your franchise contract. These fees, coupled with the start-up costs, represent a considerable sum of money.
Finally, the stability of the business falls on the back of the franchisee. In this respect, the franchisee shares a burden similar to that of the sole proprietor. What would happen to the firm if the franchisee suffered from a prolonged injury or sickness? As was the case with all other types of businesses, there are no guarantees of success.
Other Forms
Two additional types of businesses also have an important role to play in the U.S. economy: cooperatives and nonprofit organizations. One feature of these types of business organizations that immediately stands out is that they are not organized to earn profits! This sets them apart from all other types of businesses where profit is the primary motive for their existence.
Cooperatives
A cooperative, or co-op, is a voluntary association of people that conducts a business activity to serve its members rather than reap a profit. Members of co-ops usually belong to a group, such as producers within a certain industry, workers in a labor union, or the like. In addition, members of co-ops are usually required to pay a small fee to join the co- op. Co-ops exist all around us. For example, a food co-op allows members to shop at the co-op store, where prices for some food items are lower than those at supermarkets. Agricultural co-ops help members negotiate better prices for their output. Financial co-ops, such as credit unions, permit members to deposit and borrow money, write checks (called share drafts), and conduct other financial transactions. You may even bump into a consumer co-op at college. Many bookstores on college campuses are organized as student co-ops.
Nonprofit Organizations
Nonprofit organizations provide important services to people, but do not do so for profits. Because they do not seek profits, issue stock, or pay dividends, they are exempted from paying taxes to Uncle Sam! Many groups involved in charitable, humanitarian, or community service activities are nonprofit organizations. Examples include the American Red Cross, the Cancer Society, and the Boy Scouts and Girl Scouts of America. It may seem strange to think of these organizations as “producers,” but they all use resources to provide goods and services. And while profit is not their incentive to produce, the fact that they continue to thrive–mainly on voluntary donations–hints that Americans value what they produce.
Insurance
Many businesses are required to carry some forms of insurance, such as workers’ compensation. Other types of insurance, particularly liability insurance, may not be required, but are generally advisable. In the case of a sole proprietorship or partnership, such a policy may protect the entrepreneur from losing personal assets. In the case of a corporation, such a policy may protect the firm’s assets. There may be a number of other types of coverage which you should also consider.
Meeting Government Requirements
Different municipalities and counties have different requirements for starting a business and different agencies to administer those requirements. Local ordinances might also require that particular types of businesses, for example those working with food, be licensed. The federal government also has regulations. The legal requirements that will affect the business should be evaluated before the business opens its doors. An experienced Midway, Utah corporate lawyer can help you decide on the best structure for your business.
Free Consultation with a Utah Business Lawyer
If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Can Credit Repair Remove Bankruptcies?
Probate lawyer Layton Utah
Shared Custody
Estate Tax Law
Divorce Alternatives
Did Divorce Rates Increase In The 1990s?
from Michael Anderson https://www.ascentlawfirm.com/corporate-lawyer-midway-utah/
from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2019/09/16/corporate-lawyer-midway-utah/
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https://dominospizzaoutlet.in/
#domino's pizza franchise#domino franchise in india#domino s franchise application#domino's franchise application form#domino's franchise application form india
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Text
Corporate Lawyer Midway Utah
As an entrepreneur who wants to set up your own business, one decision that you have to take is decide on the business structure. Speak to an experienced Midway, Utah Corporate lawyer for assistance. There are different business structures and each has its own benefits. If you already have a business and you need help with your LLC, corporation or nonprofit, you can give Ascent Law LLC a call as wall. We’re happy to help you.
Sole Proprietorship
This is probably the simplest form of business structure and is the one often chosen by the individual entrepreneur for the start-up and subsequent operation. From a tax standpoint, the profit from the business is included with the owner’s individual return on Schedule C and is taxed at whatever rate applies to the owner’s personal tax situation. While a very straightforward form of business structure, it has the drawback of offering no personal liability protection. The personal assets of the owner are exposed to litigation against the business, thus increasing this aspect of financial risk.
The business is the responsibility of one person. No other members of the business have any legal arrangement. The individual and the firm are one.
Partnerships
Where more than one individual is involved in the ownership of a business, a sole proprietorship is probably not appropriate and a partnership may be the appropriate business structure. Here again, profits of the business are reported and taxed as part of the owners’ income. The partnership itself pays no tax, but does file an information return. Liability for damages can extend to the partners’ personal assets, although there is protection for some in limited partnerships. A crucial element in any partnership is the careful preparation of the partnership agreement, spelling out profit-sharing and decision-making approaches.
youtube
A partnership requires two or more practitioners to provide architectural services. The business entity is not separate or distinct from the partners. In a partnership, each individual (partner) is liable for all of the business and professional debts of the entire partnership, and each partner’s assets may be available for claims.
It is preferable to establish a partnership with a specific written document. Items, which should be understood by each partner and written in the agreement, take into account each partner’s position in the firm regarding income, loss exposure, and individual partner contributions. Corporations
Certainly the business structure of choice for large, established businesses, the corporate structure can be, and is, applied to small or medium-sized businesses, particularly where a number of owners or stockholders are involved. The corporate form is generally thought of as providing protection for the personal assets of the owners in the event of a judgment against the corporation arising out of litigation. While General Motors or Dow stockholders may be concerned with large damage awards, the concern is related to the performance of the corporation and not to the security of their personal assets. It should be noted, however, that in the case of small businesses or start-ups, lending agreements may require that at least a part of the owners’ personal assets be placed at risk, thus negating some of the protection traditionally ascribed to a corporate business structure.
Another significant characteristic of the corporate business structure is the potential for double taxation of profits. As most stockholders of large companies are painfully aware, corporate profits are taxed at the applicable corporate income rate, and then dividends paid from those profits to the owners or stockholders are again taxed on the stockholder’s personal federal and state returns.
Because of these drawbacks to the conventional corporate business structure, there has been developed a modified structure known as an S-type corporation. This is primarily applicable to smaller businesses and is limited to those with thirty-five or fewer stockholders. The S corporation retains the liability protection provided by the conventional corporation but permits the distribution of profits without their being taxed at the corporate level, thus eliminating the problem of double taxation. A business structure known generally as a Limited Liability Company, or LLC, has become a very popular choice in many states including Utah. With registration and administration requirements simpler than those for an S-type corporation, the LLC still, as the name implies, provides the owners with protection of their personal assets.
youtube
Corporations are separate legal entities with independence under the law. The corporation is a complicated business structure when compared to a proprietorship or partnership. There are legal requirements for boards of directors, income-tax preparation, corporate minutes, and state-by-state reporting regulations. The corporation does create its own entity, perpetual life, which transcends the individual leadership. The corporation exists as a legal independent entity. It can hold and convey property and sue or be sued in its corporate name. Management is centralized in the board of directors, usually independent overseers. The corporation can transfer interests and limit shareholders’ liability.
Franchise
At the close of the nineteenth century, franchising was still in its infancy. Companies clearly recognized the limitations of the agency system as a method of distribution for complex brand-name goods in the national market. They modified agency sales to suit their needs, but none of the firms using various modifications of the agency system fully understood the potentials of franchising. Similarly, the courts had yet to recognize that the rise of big business had substantially changed the nature of the relationship between large firms and their sales representatives. The full impact of these alterations would become more apparent as large firms gained greater experience in selling nationwide through outlets they did not directly own. In the twentieth century, the burgeoning automobile industry led to the fuller development of franchising.
Once franchising became a desirable tool for building a brand identity for generic goods, the stage was set for the expansion of business-format franchising. The owner of a business-format franchise bought not only the right to sell a manufacturer’s product but also a complete package of services that typically included a fully equipped outlet, training, continued advice, and regular assistance in virtually all areas of operation. This, in turn, led to the situation where the franchise became a product in its own right and ultimately to the creation of a franchise industry where the franchise holder was the customer and the opportunity for business success was the product.
A franchise is a business that uses a parent company’s name to sell a product while maintaining a degree of independence from the parent. The parent company is called the “franchisor,” and the person opening one of these satellite firms is the “franchisee.” To set up a franchise, a franchise contract is drawn up between the franchisor and the franchisee. This contract specifies quality standards for the product, service standards for management and employees, and the financial conditions under which the franchise is formed and operated. The franchisor, after all, must be certain that its reputation is protected as the franchise chain expands. A franchisee takes certain business risks, just like other entrepreneurs do. But thousands of entrepreneurs have chosen to set up shop as independently owned and operated franchises. For example, there are tens of thousands of gas stations operating under parent companies such as Mobil, Getty, and Citgo. Many thousands of franchisees have also entered the fast-food industry under such familiar names as McDonalds, Burger King, Wendy’s, KFC, Subway, Taco Bell, and Domino’s Pizza. You might be interested in becoming a franchisee one day. Before you sign a franchise contract, consider the advantages and disadvantages of this type of business organization.
youtube
One advantage is that franchises are fairly easy to organize. Like other businesses, the franchisee must abide by local zoning rules. Negotiating the specific terms of your contract with the franchisor should also be a routine task because the franchisor, most likely, has a standard set of expectations for all franchisees who join the franchise chain. As an added bonus, your creditworthiness typically gets a boost from being associated with a major franchise chain such as McDonald’s, Radio Shack, or H&R Block. The franchisor may even help you finance the start-up costs for your business. This is important because the range of start-up costs runs from thousands of dollars to hundreds of thousands of dollars.
Secondly, franchisors offer technical assistance to franchisees. This type of assistance includes the training of a franchisee in effective management techniques, linking the franchisee with suppliers of materials or resources that are needed in production, and so on. And you are still the boss, entitled to the same inner satisfaction felt by successful proprietors or partners.
A third advantage is immediate name recognition. Franchisors spend freely on national advertising and marketing for their product line. The purpose of this advertising is to promote sales for the entire franchise chain, and you benefit from this publicity.
One disadvantage is your obligation to pay a franchise fee to the franchisor. “Franchise fees” vary from firm to firm, but the dollar amount– which could be measured in a percentage of the franchisee’s profits–is clearly stated in your franchise contract. These fees, coupled with the start-up costs, represent a considerable sum of money.
Finally, the stability of the business falls on the back of the franchisee. In this respect, the franchisee shares a burden similar to that of the sole proprietor. What would happen to the firm if the franchisee suffered from a prolonged injury or sickness? As was the case with all other types of businesses, there are no guarantees of success.
Other Forms
Two additional types of businesses also have an important role to play in the U.S. economy: cooperatives and nonprofit organizations. One feature of these types of business organizations that immediately stands out is that they are not organized to earn profits! This sets them apart from all other types of businesses where profit is the primary motive for their existence.
Cooperatives
A cooperative, or co-op, is a voluntary association of people that conducts a business activity to serve its members rather than reap a profit. Members of co-ops usually belong to a group, such as producers within a certain industry, workers in a labor union, or the like. In addition, members of co-ops are usually required to pay a small fee to join the co- op. Co-ops exist all around us. For example, a food co-op allows members to shop at the co-op store, where prices for some food items are lower than those at supermarkets. Agricultural co-ops help members negotiate better prices for their output. Financial co-ops, such as credit unions, permit members to deposit and borrow money, write checks (called share drafts), and conduct other financial transactions. You may even bump into a consumer co-op at college. Many bookstores on college campuses are organized as student co-ops.
Nonprofit Organizations
Nonprofit organizations provide important services to people, but do not do so for profits. Because they do not seek profits, issue stock, or pay dividends, they are exempted from paying taxes to Uncle Sam! Many groups involved in charitable, humanitarian, or community service activities are nonprofit organizations. Examples include the American Red Cross, the Cancer Society, and the Boy Scouts and Girl Scouts of America. It may seem strange to think of these organizations as “producers,” but they all use resources to provide goods and services. And while profit is not their incentive to produce, the fact that they continue to thrive–mainly on voluntary donations–hints that Americans value what they produce.
Insurance
Many businesses are required to carry some forms of insurance, such as workers’ compensation. Other types of insurance, particularly liability insurance, may not be required, but are generally advisable. In the case of a sole proprietorship or partnership, such a policy may protect the entrepreneur from losing personal assets. In the case of a corporation, such a policy may protect the firm’s assets. There may be a number of other types of coverage which you should also consider.
Meeting Government Requirements
Different municipalities and counties have different requirements for starting a business and different agencies to administer those requirements. Local ordinances might also require that particular types of businesses, for example those working with food, be licensed. The federal government also has regulations. The legal requirements that will affect the business should be evaluated before the business opens its doors. An experienced Midway, Utah corporate lawyer can help you decide on the best structure for your business.
Free Consultation with a Utah Business Lawyer
If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Can Credit Repair Remove Bankruptcies?
Probate lawyer Layton Utah
Shared Custody
Estate Tax Law
Divorce Alternatives
Did Divorce Rates Increase In The 1990s?
Source: https://www.ascentlawfirm.com/corporate-lawyer-midway-utah/
0 notes
Text
Corporate Lawyer Midway Utah
As an entrepreneur who wants to set up your own business, one decision that you have to take is decide on the business structure. Speak to an experienced Midway, Utah Corporate lawyer for assistance. There are different business structures and each has its own benefits. If you already have a business and you need help with your LLC, corporation or nonprofit, you can give Ascent Law LLC a call as wall. We’re happy to help you.
Sole Proprietorship
This is probably the simplest form of business structure and is the one often chosen by the individual entrepreneur for the start-up and subsequent operation. From a tax standpoint, the profit from the business is included with the owner’s individual return on Schedule C and is taxed at whatever rate applies to the owner’s personal tax situation. While a very straightforward form of business structure, it has the drawback of offering no personal liability protection. The personal assets of the owner are exposed to litigation against the business, thus increasing this aspect of financial risk.
The business is the responsibility of one person. No other members of the business have any legal arrangement. The individual and the firm are one.
Partnerships
Where more than one individual is involved in the ownership of a business, a sole proprietorship is probably not appropriate and a partnership may be the appropriate business structure. Here again, profits of the business are reported and taxed as part of the owners’ income. The partnership itself pays no tax, but does file an information return. Liability for damages can extend to the partners’ personal assets, although there is protection for some in limited partnerships. A crucial element in any partnership is the careful preparation of the partnership agreement, spelling out profit-sharing and decision-making approaches.
youtube
A partnership requires two or more practitioners to provide architectural services. The business entity is not separate or distinct from the partners. In a partnership, each individual (partner) is liable for all of the business and professional debts of the entire partnership, and each partner’s assets may be available for claims.
It is preferable to establish a partnership with a specific written document. Items, which should be understood by each partner and written in the agreement, take into account each partner’s position in the firm regarding income, loss exposure, and individual partner contributions. Corporations
Certainly the business structure of choice for large, established businesses, the corporate structure can be, and is, applied to small or medium-sized businesses, particularly where a number of owners or stockholders are involved. The corporate form is generally thought of as providing protection for the personal assets of the owners in the event of a judgment against the corporation arising out of litigation. While General Motors or Dow stockholders may be concerned with large damage awards, the concern is related to the performance of the corporation and not to the security of their personal assets. It should be noted, however, that in the case of small businesses or start-ups, lending agreements may require that at least a part of the owners’ personal assets be placed at risk, thus negating some of the protection traditionally ascribed to a corporate business structure.
Another significant characteristic of the corporate business structure is the potential for double taxation of profits. As most stockholders of large companies are painfully aware, corporate profits are taxed at the applicable corporate income rate, and then dividends paid from those profits to the owners or stockholders are again taxed on the stockholder’s personal federal and state returns.
Because of these drawbacks to the conventional corporate business structure, there has been developed a modified structure known as an S-type corporation. This is primarily applicable to smaller businesses and is limited to those with thirty-five or fewer stockholders. The S corporation retains the liability protection provided by the conventional corporation but permits the distribution of profits without their being taxed at the corporate level, thus eliminating the problem of double taxation. A business structure known generally as a Limited Liability Company, or LLC, has become a very popular choice in many states including Utah. With registration and administration requirements simpler than those for an S-type corporation, the LLC still, as the name implies, provides the owners with protection of their personal assets.
youtube
Corporations are separate legal entities with independence under the law. The corporation is a complicated business structure when compared to a proprietorship or partnership. There are legal requirements for boards of directors, income-tax preparation, corporate minutes, and state-by-state reporting regulations. The corporation does create its own entity, perpetual life, which transcends the individual leadership. The corporation exists as a legal independent entity. It can hold and convey property and sue or be sued in its corporate name. Management is centralized in the board of directors, usually independent overseers. The corporation can transfer interests and limit shareholders’ liability.
Franchise
At the close of the nineteenth century, franchising was still in its infancy. Companies clearly recognized the limitations of the agency system as a method of distribution for complex brand-name goods in the national market. They modified agency sales to suit their needs, but none of the firms using various modifications of the agency system fully understood the potentials of franchising. Similarly, the courts had yet to recognize that the rise of big business had substantially changed the nature of the relationship between large firms and their sales representatives. The full impact of these alterations would become more apparent as large firms gained greater experience in selling nationwide through outlets they did not directly own. In the twentieth century, the burgeoning automobile industry led to the fuller development of franchising.
Once franchising became a desirable tool for building a brand identity for generic goods, the stage was set for the expansion of business-format franchising. The owner of a business-format franchise bought not only the right to sell a manufacturer’s product but also a complete package of services that typically included a fully equipped outlet, training, continued advice, and regular assistance in virtually all areas of operation. This, in turn, led to the situation where the franchise became a product in its own right and ultimately to the creation of a franchise industry where the franchise holder was the customer and the opportunity for business success was the product.
A franchise is a business that uses a parent company’s name to sell a product while maintaining a degree of independence from the parent. The parent company is called the “franchisor,” and the person opening one of these satellite firms is the “franchisee.” To set up a franchise, a franchise contract is drawn up between the franchisor and the franchisee. This contract specifies quality standards for the product, service standards for management and employees, and the financial conditions under which the franchise is formed and operated. The franchisor, after all, must be certain that its reputation is protected as the franchise chain expands. A franchisee takes certain business risks, just like other entrepreneurs do. But thousands of entrepreneurs have chosen to set up shop as independently owned and operated franchises. For example, there are tens of thousands of gas stations operating under parent companies such as Mobil, Getty, and Citgo. Many thousands of franchisees have also entered the fast-food industry under such familiar names as McDonalds, Burger King, Wendy’s, KFC, Subway, Taco Bell, and Domino’s Pizza. You might be interested in becoming a franchisee one day. Before you sign a franchise contract, consider the advantages and disadvantages of this type of business organization.
youtube
One advantage is that franchises are fairly easy to organize. Like other businesses, the franchisee must abide by local zoning rules. Negotiating the specific terms of your contract with the franchisor should also be a routine task because the franchisor, most likely, has a standard set of expectations for all franchisees who join the franchise chain. As an added bonus, your creditworthiness typically gets a boost from being associated with a major franchise chain such as McDonald’s, Radio Shack, or H&R Block. The franchisor may even help you finance the start-up costs for your business. This is important because the range of start-up costs runs from thousands of dollars to hundreds of thousands of dollars.
Secondly, franchisors offer technical assistance to franchisees. This type of assistance includes the training of a franchisee in effective management techniques, linking the franchisee with suppliers of materials or resources that are needed in production, and so on. And you are still the boss, entitled to the same inner satisfaction felt by successful proprietors or partners.
A third advantage is immediate name recognition. Franchisors spend freely on national advertising and marketing for their product line. The purpose of this advertising is to promote sales for the entire franchise chain, and you benefit from this publicity.
One disadvantage is your obligation to pay a franchise fee to the franchisor. “Franchise fees” vary from firm to firm, but the dollar amount– which could be measured in a percentage of the franchisee’s profits–is clearly stated in your franchise contract. These fees, coupled with the start-up costs, represent a considerable sum of money.
Finally, the stability of the business falls on the back of the franchisee. In this respect, the franchisee shares a burden similar to that of the sole proprietor. What would happen to the firm if the franchisee suffered from a prolonged injury or sickness? As was the case with all other types of businesses, there are no guarantees of success.
Other Forms
Two additional types of businesses also have an important role to play in the U.S. economy: cooperatives and nonprofit organizations. One feature of these types of business organizations that immediately stands out is that they are not organized to earn profits! This sets them apart from all other types of businesses where profit is the primary motive for their existence.
Cooperatives
A cooperative, or co-op, is a voluntary association of people that conducts a business activity to serve its members rather than reap a profit. Members of co-ops usually belong to a group, such as producers within a certain industry, workers in a labor union, or the like. In addition, members of co-ops are usually required to pay a small fee to join the co- op. Co-ops exist all around us. For example, a food co-op allows members to shop at the co-op store, where prices for some food items are lower than those at supermarkets. Agricultural co-ops help members negotiate better prices for their output. Financial co-ops, such as credit unions, permit members to deposit and borrow money, write checks (called share drafts), and conduct other financial transactions. You may even bump into a consumer co-op at college. Many bookstores on college campuses are organized as student co-ops.
Nonprofit Organizations
Nonprofit organizations provide important services to people, but do not do so for profits. Because they do not seek profits, issue stock, or pay dividends, they are exempted from paying taxes to Uncle Sam! Many groups involved in charitable, humanitarian, or community service activities are nonprofit organizations. Examples include the American Red Cross, the Cancer Society, and the Boy Scouts and Girl Scouts of America. It may seem strange to think of these organizations as “producers,” but they all use resources to provide goods and services. And while profit is not their incentive to produce, the fact that they continue to thrive–mainly on voluntary donations–hints that Americans value what they produce.
Insurance
Many businesses are required to carry some forms of insurance, such as workers’ compensation. Other types of insurance, particularly liability insurance, may not be required, but are generally advisable. In the case of a sole proprietorship or partnership, such a policy may protect the entrepreneur from losing personal assets. In the case of a corporation, such a policy may protect the firm’s assets. There may be a number of other types of coverage which you should also consider.
Meeting Government Requirements
Different municipalities and counties have different requirements for starting a business and different agencies to administer those requirements. Local ordinances might also require that particular types of businesses, for example those working with food, be licensed. The federal government also has regulations. The legal requirements that will affect the business should be evaluated before the business opens its doors. An experienced Midway, Utah corporate lawyer can help you decide on the best structure for your business.
Free Consultation with a Utah Business Lawyer
If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Can Credit Repair Remove Bankruptcies?
Probate lawyer Layton Utah
Shared Custody
Estate Tax Law
Divorce Alternatives
Did Divorce Rates Increase In The 1990s?
Source: https://www.ascentlawfirm.com/corporate-lawyer-midway-utah/
0 notes
Text
Corporate Lawyer Midway Utah
As an entrepreneur who wants to set up your own business, one decision that you have to take is decide on the business structure. Speak to an experienced Midway, Utah Corporate lawyer for assistance. There are different business structures and each has its own benefits. If you already have a business and you need help with your LLC, corporation or nonprofit, you can give Ascent Law LLC a call as wall. We’re happy to help you.
Sole Proprietorship
This is probably the simplest form of business structure and is the one often chosen by the individual entrepreneur for the start-up and subsequent operation. From a tax standpoint, the profit from the business is included with the owner’s individual return on Schedule C and is taxed at whatever rate applies to the owner’s personal tax situation. While a very straightforward form of business structure, it has the drawback of offering no personal liability protection. The personal assets of the owner are exposed to litigation against the business, thus increasing this aspect of financial risk.
The business is the responsibility of one person. No other members of the business have any legal arrangement. The individual and the firm are one.
Partnerships
Where more than one individual is involved in the ownership of a business, a sole proprietorship is probably not appropriate and a partnership may be the appropriate business structure. Here again, profits of the business are reported and taxed as part of the owners’ income. The partnership itself pays no tax, but does file an information return. Liability for damages can extend to the partners’ personal assets, although there is protection for some in limited partnerships. A crucial element in any partnership is the careful preparation of the partnership agreement, spelling out profit-sharing and decision-making approaches.
youtube
A partnership requires two or more practitioners to provide architectural services. The business entity is not separate or distinct from the partners. In a partnership, each individual (partner) is liable for all of the business and professional debts of the entire partnership, and each partner’s assets may be available for claims.
It is preferable to establish a partnership with a specific written document. Items, which should be understood by each partner and written in the agreement, take into account each partner’s position in the firm regarding income, loss exposure, and individual partner contributions. Corporations
Certainly the business structure of choice for large, established businesses, the corporate structure can be, and is, applied to small or medium-sized businesses, particularly where a number of owners or stockholders are involved. The corporate form is generally thought of as providing protection for the personal assets of the owners in the event of a judgment against the corporation arising out of litigation. While General Motors or Dow stockholders may be concerned with large damage awards, the concern is related to the performance of the corporation and not to the security of their personal assets. It should be noted, however, that in the case of small businesses or start-ups, lending agreements may require that at least a part of the owners’ personal assets be placed at risk, thus negating some of the protection traditionally ascribed to a corporate business structure.
Another significant characteristic of the corporate business structure is the potential for double taxation of profits. As most stockholders of large companies are painfully aware, corporate profits are taxed at the applicable corporate income rate, and then dividends paid from those profits to the owners or stockholders are again taxed on the stockholder’s personal federal and state returns.
Because of these drawbacks to the conventional corporate business structure, there has been developed a modified structure known as an S-type corporation. This is primarily applicable to smaller businesses and is limited to those with thirty-five or fewer stockholders. The S corporation retains the liability protection provided by the conventional corporation but permits the distribution of profits without their being taxed at the corporate level, thus eliminating the problem of double taxation. A business structure known generally as a Limited Liability Company, or LLC, has become a very popular choice in many states including Utah. With registration and administration requirements simpler than those for an S-type corporation, the LLC still, as the name implies, provides the owners with protection of their personal assets.
youtube
Corporations are separate legal entities with independence under the law. The corporation is a complicated business structure when compared to a proprietorship or partnership. There are legal requirements for boards of directors, income-tax preparation, corporate minutes, and state-by-state reporting regulations. The corporation does create its own entity, perpetual life, which transcends the individual leadership. The corporation exists as a legal independent entity. It can hold and convey property and sue or be sued in its corporate name. Management is centralized in the board of directors, usually independent overseers. The corporation can transfer interests and limit shareholders’ liability.
Franchise
At the close of the nineteenth century, franchising was still in its infancy. Companies clearly recognized the limitations of the agency system as a method of distribution for complex brand-name goods in the national market. They modified agency sales to suit their needs, but none of the firms using various modifications of the agency system fully understood the potentials of franchising. Similarly, the courts had yet to recognize that the rise of big business had substantially changed the nature of the relationship between large firms and their sales representatives. The full impact of these alterations would become more apparent as large firms gained greater experience in selling nationwide through outlets they did not directly own. In the twentieth century, the burgeoning automobile industry led to the fuller development of franchising.
Once franchising became a desirable tool for building a brand identity for generic goods, the stage was set for the expansion of business-format franchising. The owner of a business-format franchise bought not only the right to sell a manufacturer’s product but also a complete package of services that typically included a fully equipped outlet, training, continued advice, and regular assistance in virtually all areas of operation. This, in turn, led to the situation where the franchise became a product in its own right and ultimately to the creation of a franchise industry where the franchise holder was the customer and the opportunity for business success was the product.
A franchise is a business that uses a parent company’s name to sell a product while maintaining a degree of independence from the parent. The parent company is called the “franchisor,” and the person opening one of these satellite firms is the “franchisee.” To set up a franchise, a franchise contract is drawn up between the franchisor and the franchisee. This contract specifies quality standards for the product, service standards for management and employees, and the financial conditions under which the franchise is formed and operated. The franchisor, after all, must be certain that its reputation is protected as the franchise chain expands. A franchisee takes certain business risks, just like other entrepreneurs do. But thousands of entrepreneurs have chosen to set up shop as independently owned and operated franchises. For example, there are tens of thousands of gas stations operating under parent companies such as Mobil, Getty, and Citgo. Many thousands of franchisees have also entered the fast-food industry under such familiar names as McDonalds, Burger King, Wendy’s, KFC, Subway, Taco Bell, and Domino’s Pizza. You might be interested in becoming a franchisee one day. Before you sign a franchise contract, consider the advantages and disadvantages of this type of business organization.
youtube
One advantage is that franchises are fairly easy to organize. Like other businesses, the franchisee must abide by local zoning rules. Negotiating the specific terms of your contract with the franchisor should also be a routine task because the franchisor, most likely, has a standard set of expectations for all franchisees who join the franchise chain. As an added bonus, your creditworthiness typically gets a boost from being associated with a major franchise chain such as McDonald’s, Radio Shack, or H&R Block. The franchisor may even help you finance the start-up costs for your business. This is important because the range of start-up costs runs from thousands of dollars to hundreds of thousands of dollars.
Secondly, franchisors offer technical assistance to franchisees. This type of assistance includes the training of a franchisee in effective management techniques, linking the franchisee with suppliers of materials or resources that are needed in production, and so on. And you are still the boss, entitled to the same inner satisfaction felt by successful proprietors or partners.
A third advantage is immediate name recognition. Franchisors spend freely on national advertising and marketing for their product line. The purpose of this advertising is to promote sales for the entire franchise chain, and you benefit from this publicity.
One disadvantage is your obligation to pay a franchise fee to the franchisor. “Franchise fees” vary from firm to firm, but the dollar amount– which could be measured in a percentage of the franchisee’s profits–is clearly stated in your franchise contract. These fees, coupled with the start-up costs, represent a considerable sum of money.
Finally, the stability of the business falls on the back of the franchisee. In this respect, the franchisee shares a burden similar to that of the sole proprietor. What would happen to the firm if the franchisee suffered from a prolonged injury or sickness? As was the case with all other types of businesses, there are no guarantees of success.
Other Forms
Two additional types of businesses also have an important role to play in the U.S. economy: cooperatives and nonprofit organizations. One feature of these types of business organizations that immediately stands out is that they are not organized to earn profits! This sets them apart from all other types of businesses where profit is the primary motive for their existence.
Cooperatives
A cooperative, or co-op, is a voluntary association of people that conducts a business activity to serve its members rather than reap a profit. Members of co-ops usually belong to a group, such as producers within a certain industry, workers in a labor union, or the like. In addition, members of co-ops are usually required to pay a small fee to join the co- op. Co-ops exist all around us. For example, a food co-op allows members to shop at the co-op store, where prices for some food items are lower than those at supermarkets. Agricultural co-ops help members negotiate better prices for their output. Financial co-ops, such as credit unions, permit members to deposit and borrow money, write checks (called share drafts), and conduct other financial transactions. You may even bump into a consumer co-op at college. Many bookstores on college campuses are organized as student co-ops.
Nonprofit Organizations
Nonprofit organizations provide important services to people, but do not do so for profits. Because they do not seek profits, issue stock, or pay dividends, they are exempted from paying taxes to Uncle Sam! Many groups involved in charitable, humanitarian, or community service activities are nonprofit organizations. Examples include the American Red Cross, the Cancer Society, and the Boy Scouts and Girl Scouts of America. It may seem strange to think of these organizations as “producers,” but they all use resources to provide goods and services. And while profit is not their incentive to produce, the fact that they continue to thrive–mainly on voluntary donations–hints that Americans value what they produce.
Insurance
Many businesses are required to carry some forms of insurance, such as workers’ compensation. Other types of insurance, particularly liability insurance, may not be required, but are generally advisable. In the case of a sole proprietorship or partnership, such a policy may protect the entrepreneur from losing personal assets. In the case of a corporation, such a policy may protect the firm’s assets. There may be a number of other types of coverage which you should also consider.
Meeting Government Requirements
Different municipalities and counties have different requirements for starting a business and different agencies to administer those requirements. Local ordinances might also require that particular types of businesses, for example those working with food, be licensed. The federal government also has regulations. The legal requirements that will affect the business should be evaluated before the business opens its doors. An experienced Midway, Utah corporate lawyer can help you decide on the best structure for your business.
Free Consultation with a Utah Business Lawyer
If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Can Credit Repair Remove Bankruptcies?
Probate lawyer Layton Utah
Shared Custody
Estate Tax Law
Divorce Alternatives
Did Divorce Rates Increase In The 1990s?
from Michael Anderson https://www.ascentlawfirm.com/corporate-lawyer-midway-utah/
0 notes
Text
Corporate Lawyer Midway Utah
As an entrepreneur who wants to set up your own business, one decision that you have to take is decide on the business structure. Speak to an experienced Midway, Utah Corporate lawyer for assistance. There are different business structures and each has its own benefits. If you already have a business and you need help with your LLC, corporation or nonprofit, you can give Ascent Law LLC a call as wall. We’re happy to help you.
Sole Proprietorship
This is probably the simplest form of business structure and is the one often chosen by the individual entrepreneur for the start-up and subsequent operation. From a tax standpoint, the profit from the business is included with the owner’s individual return on Schedule C and is taxed at whatever rate applies to the owner’s personal tax situation. While a very straightforward form of business structure, it has the drawback of offering no personal liability protection. The personal assets of the owner are exposed to litigation against the business, thus increasing this aspect of financial risk.
The business is the responsibility of one person. No other members of the business have any legal arrangement. The individual and the firm are one.
Partnerships
Where more than one individual is involved in the ownership of a business, a sole proprietorship is probably not appropriate and a partnership may be the appropriate business structure. Here again, profits of the business are reported and taxed as part of the owners’ income. The partnership itself pays no tax, but does file an information return. Liability for damages can extend to the partners’ personal assets, although there is protection for some in limited partnerships. A crucial element in any partnership is the careful preparation of the partnership agreement, spelling out profit-sharing and decision-making approaches.
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A partnership requires two or more practitioners to provide architectural services. The business entity is not separate or distinct from the partners. In a partnership, each individual (partner) is liable for all of the business and professional debts of the entire partnership, and each partner’s assets may be available for claims.
It is preferable to establish a partnership with a specific written document. Items, which should be understood by each partner and written in the agreement, take into account each partner’s position in the firm regarding income, loss exposure, and individual partner contributions. Corporations
Certainly the business structure of choice for large, established businesses, the corporate structure can be, and is, applied to small or medium-sized businesses, particularly where a number of owners or stockholders are involved. The corporate form is generally thought of as providing protection for the personal assets of the owners in the event of a judgment against the corporation arising out of litigation. While General Motors or Dow stockholders may be concerned with large damage awards, the concern is related to the performance of the corporation and not to the security of their personal assets. It should be noted, however, that in the case of small businesses or start-ups, lending agreements may require that at least a part of the owners’ personal assets be placed at risk, thus negating some of the protection traditionally ascribed to a corporate business structure.
Another significant characteristic of the corporate business structure is the potential for double taxation of profits. As most stockholders of large companies are painfully aware, corporate profits are taxed at the applicable corporate income rate, and then dividends paid from those profits to the owners or stockholders are again taxed on the stockholder’s personal federal and state returns.
Because of these drawbacks to the conventional corporate business structure, there has been developed a modified structure known as an S-type corporation. This is primarily applicable to smaller businesses and is limited to those with thirty-five or fewer stockholders. The S corporation retains the liability protection provided by the conventional corporation but permits the distribution of profits without their being taxed at the corporate level, thus eliminating the problem of double taxation. A business structure known generally as a Limited Liability Company, or LLC, has become a very popular choice in many states including Utah. With registration and administration requirements simpler than those for an S-type corporation, the LLC still, as the name implies, provides the owners with protection of their personal assets.
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Corporations are separate legal entities with independence under the law. The corporation is a complicated business structure when compared to a proprietorship or partnership. There are legal requirements for boards of directors, income-tax preparation, corporate minutes, and state-by-state reporting regulations. The corporation does create its own entity, perpetual life, which transcends the individual leadership. The corporation exists as a legal independent entity. It can hold and convey property and sue or be sued in its corporate name. Management is centralized in the board of directors, usually independent overseers. The corporation can transfer interests and limit shareholders’ liability.
Franchise
At the close of the nineteenth century, franchising was still in its infancy. Companies clearly recognized the limitations of the agency system as a method of distribution for complex brand-name goods in the national market. They modified agency sales to suit their needs, but none of the firms using various modifications of the agency system fully understood the potentials of franchising. Similarly, the courts had yet to recognize that the rise of big business had substantially changed the nature of the relationship between large firms and their sales representatives. The full impact of these alterations would become more apparent as large firms gained greater experience in selling nationwide through outlets they did not directly own. In the twentieth century, the burgeoning automobile industry led to the fuller development of franchising.
Once franchising became a desirable tool for building a brand identity for generic goods, the stage was set for the expansion of business-format franchising. The owner of a business-format franchise bought not only the right to sell a manufacturer’s product but also a complete package of services that typically included a fully equipped outlet, training, continued advice, and regular assistance in virtually all areas of operation. This, in turn, led to the situation where the franchise became a product in its own right and ultimately to the creation of a franchise industry where the franchise holder was the customer and the opportunity for business success was the product.
A franchise is a business that uses a parent company’s name to sell a product while maintaining a degree of independence from the parent. The parent company is called the “franchisor,” and the person opening one of these satellite firms is the “franchisee.” To set up a franchise, a franchise contract is drawn up between the franchisor and the franchisee. This contract specifies quality standards for the product, service standards for management and employees, and the financial conditions under which the franchise is formed and operated. The franchisor, after all, must be certain that its reputation is protected as the franchise chain expands. A franchisee takes certain business risks, just like other entrepreneurs do. But thousands of entrepreneurs have chosen to set up shop as independently owned and operated franchises. For example, there are tens of thousands of gas stations operating under parent companies such as Mobil, Getty, and Citgo. Many thousands of franchisees have also entered the fast-food industry under such familiar names as McDonalds, Burger King, Wendy’s, KFC, Subway, Taco Bell, and Domino’s Pizza. You might be interested in becoming a franchisee one day. Before you sign a franchise contract, consider the advantages and disadvantages of this type of business organization.
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One advantage is that franchises are fairly easy to organize. Like other businesses, the franchisee must abide by local zoning rules. Negotiating the specific terms of your contract with the franchisor should also be a routine task because the franchisor, most likely, has a standard set of expectations for all franchisees who join the franchise chain. As an added bonus, your creditworthiness typically gets a boost from being associated with a major franchise chain such as McDonald’s, Radio Shack, or H&R Block. The franchisor may even help you finance the start-up costs for your business. This is important because the range of start-up costs runs from thousands of dollars to hundreds of thousands of dollars.
Secondly, franchisors offer technical assistance to franchisees. This type of assistance includes the training of a franchisee in effective management techniques, linking the franchisee with suppliers of materials or resources that are needed in production, and so on. And you are still the boss, entitled to the same inner satisfaction felt by successful proprietors or partners.
A third advantage is immediate name recognition. Franchisors spend freely on national advertising and marketing for their product line. The purpose of this advertising is to promote sales for the entire franchise chain, and you benefit from this publicity.
One disadvantage is your obligation to pay a franchise fee to the franchisor. “Franchise fees” vary from firm to firm, but the dollar amount– which could be measured in a percentage of the franchisee’s profits–is clearly stated in your franchise contract. These fees, coupled with the start-up costs, represent a considerable sum of money.
Finally, the stability of the business falls on the back of the franchisee. In this respect, the franchisee shares a burden similar to that of the sole proprietor. What would happen to the firm if the franchisee suffered from a prolonged injury or sickness? As was the case with all other types of businesses, there are no guarantees of success.
Other Forms
Two additional types of businesses also have an important role to play in the U.S. economy: cooperatives and nonprofit organizations. One feature of these types of business organizations that immediately stands out is that they are not organized to earn profits! This sets them apart from all other types of businesses where profit is the primary motive for their existence.
Cooperatives
A cooperative, or co-op, is a voluntary association of people that conducts a business activity to serve its members rather than reap a profit. Members of co-ops usually belong to a group, such as producers within a certain industry, workers in a labor union, or the like. In addition, members of co-ops are usually required to pay a small fee to join the co- op. Co-ops exist all around us. For example, a food co-op allows members to shop at the co-op store, where prices for some food items are lower than those at supermarkets. Agricultural co-ops help members negotiate better prices for their output. Financial co-ops, such as credit unions, permit members to deposit and borrow money, write checks (called share drafts), and conduct other financial transactions. You may even bump into a consumer co-op at college. Many bookstores on college campuses are organized as student co-ops.
Nonprofit Organizations
Nonprofit organizations provide important services to people, but do not do so for profits. Because they do not seek profits, issue stock, or pay dividends, they are exempted from paying taxes to Uncle Sam! Many groups involved in charitable, humanitarian, or community service activities are nonprofit organizations. Examples include the American Red Cross, the Cancer Society, and the Boy Scouts and Girl Scouts of America. It may seem strange to think of these organizations as “producers,” but they all use resources to provide goods and services. And while profit is not their incentive to produce, the fact that they continue to thrive–mainly on voluntary donations–hints that Americans value what they produce.
Insurance
Many businesses are required to carry some forms of insurance, such as workers’ compensation. Other types of insurance, particularly liability insurance, may not be required, but are generally advisable. In the case of a sole proprietorship or partnership, such a policy may protect the entrepreneur from losing personal assets. In the case of a corporation, such a policy may protect the firm’s assets. There may be a number of other types of coverage which you should also consider.
Meeting Government Requirements
Different municipalities and counties have different requirements for starting a business and different agencies to administer those requirements. Local ordinances might also require that particular types of businesses, for example those working with food, be licensed. The federal government also has regulations. The legal requirements that will affect the business should be evaluated before the business opens its doors. An experienced Midway, Utah corporate lawyer can help you decide on the best structure for your business.
Free Consultation with a Utah Business Lawyer
If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Catherine Lowe from ‘The Bachelor’ used to be a vegan food blogger
When Catherine Giudici saw Sean Lowe on Emily Maynard’s season of “The Bachelorette” via her TV, she was smitten. A year later, the Seattle native landed a spot on “The Bachelor” as a contestant competing for Sean’s heart. For her introduction, producers wanted her to ride in on a unicycle. Instead, she exited the limo, walked up to the man of her dreams and said, “Meet me inside for a dance” — something she now finds embarrassing considering nobody’s dancing in the California mansion.
10 Reasons Married People Live Longer
“My first impression of her was, she’s super cute and kind of giggly,” Sean told The Daily Meal during a recent press opportunity as part of an upcoming Subway promotion. “She had this energy about her where I knew I wanted to spend more time with her. I want to hang out with this girl. I don’t know much about her, but I want to hang out with her.”
The Lowes have been happily married for five years now, living in Dallas with their two sons, 2-year-old Samuel and 8-month-old Isaiah. While the baby’s primarily eating pasta (because it fills him up, which makes him sleep longer), Samuel has an appetite for whatever’s on the menu for Mom and Dad. Catherine commandeers the kitchen though, while Sean promises a trade-off of doing the dishes.
“I love to experiment with anything we have in our pantry or in our fridge,” Catherine said. “I’m always trying to think of, like, how to make it into something. So I always have to find a protein, a carb that goes with it and then a vegetable.”
Filipino, Italian and Thai foods made from scratch are just a few of her culinary specialties. Prior to her career as a graphic designer, the now 32-year-old worked in a Thai restaurant and blogged about vegan fare for the The Seattlite.
“Really any food is so exciting to me because the seasoning is so different for every cuisine and it just gets me so excited,” she said. “I love talking about food, I love making food and he [Sean] loves eating food.”
What he doesn’t love is picking up all the sticky rice Samuel spills on the floor, he says with a laugh. Every Saturday morning, the father-son duo have a sweet tradition of walking down the street to Top Pot for apple fritters and chocolate and blueberry cake doughnuts. Coincidentally, the bakery launched in Catherine’s hometown of Seattle before expanding to Dallas.
As far as date night goes, the couple enjoys going out for casual Tex-Mex or a nice dinner at a steakhouse. They both like their meat cooked medium-rare. Anything above that “is a sin,” Sean jokes. Ideally, the meal would end with a warm chocolate chip cookie baked in a skillet with ice cream on top.
When they’re just relaxing at home — watching murder documentaries or the Smithsonian Channel, depending on who has the remote — takeout options typically include pad thai or pizza.
“We’re so embarrassing with pizza,” Catherine says, to which Sean reveals, “We order Dominos a lot. I think Dominos is great. Their pan pizza is awesome.”
So what’s on top? For Catherine, it’s mushrooms and olives. Sean is aware his order is slightly controversial. The 35-year-old says, “A lot of people have a hard stance on pineapples, but I’ll do Hawaiian.”
Apart from risky pizza toppings and the fact that they met and fell in love on TV, the Lowes are refreshingly normal. He calls her Gaya (a nickname given by her family) and Mama, and she calls him Daddy — “in a sweet way, not a creepy way,” she insists, because of their kids. The only complaint Sean has about his wife is that if she tries on 10 shirts, instead of hanging them up, they’ll all go on the floor. Girl problems, right? And Sean’s bad habit is that he… uses too many Q-Tips?
“People tell me it’s bad, but I don’t care. I have to use a Q-Tip on my ears every time I get out of the shower. Every time,” he said. “Because I can kind of feel the water in there if I don’t. People always tell me how terrible Q-Tips are, but I love them.”
“How many people are you getting out of the shower with to tell you that Q-Tips are terrible?” Catherine asked, to which Sean replied, “I’ve had a few tweets about my love for Q-Tips and inevitably, people tell me they’re awful.”
Another bad habit, he adds, is that he just won’t let up with the super-cheesy dad jokes, “especially if I can tell it’s just starting to aggravate her. It’s a lot of puns. I think dads enjoy puns, but sometimes I think it just starts to get under her skin.”
Funny enough, Catherine’s familiar with pun usage, too. On Sean’s season of “The Bachelor,” she famously slipped him a note that said, “I’m vegan but I like the beef.” Now, she uses similar sayings on cards made by her stationary brand, Lowe Co.
Anyone who has ever been in a relationship knows that those aren’t real problems. But that doesn’t go without saying there weren’t challenges to overcome after stepping out from in front of the camera.
“She had to give up her life in Seattle, move away from friends, family, work,” Sean said. “Any time you meet in an unorthodox way and you’re kind of melding two lives together, it’s going to bring its own set of challenges, so in the beginning there was a learning curve.”
Piggybacking off of that, Catherine said that after moving from Seattle to Dallas, “you don’t know the people you’re hanging out with, you don’t have a lot of friends in your new city, so there are definitely a lot of factors that can bring about conflict in relationships. That’s why it’s so hard to keep a relationship from the show because you really don’t have anything going for you except your own love, and maybe that’s enhanced because of the circumstances. You’re thrust into this real-life situation and are like, ‘OK, figure it out,’ and you don’t have the assistance that hopefully you would’ve thought you might have. It’s really just about committing, and that’s why we’re together still — because we decided we would be together and that was just the end of it.”
In addition to being committed and overcoming the obstacles that come with great change, both Catherine and Sean are aware of and grateful for how loving and compassionate they are. Sean’s favorite quality about his wife is not her shiny hair, her pretty face or perfect lashes. It’s how big her heart is.
“When she cares about someone or something, she really cares about it on such a deep, intense level,” he said. “I don’t have that, personally. I would say most people, 99.99 percent, do not have the ability to love as deeply as she loves. So that’s a testament to her love, not a knock against me. It’s really, really impressive.”
Similarly, Catherine points to her husband as a genuinely caring person. When they were filming “The Bachelor” together, she took note of how Sean knew the entire production crew by name.
“He knew everybody’s names and was very respectful of them,” she said. “Knowing that’s how a person treats other people — it’s so sweet and it’s like, I look up to that in him. You see that in a partner and you’re like, ‘Wow, you’re a good person.’”
For anyone who’s thinking about sending in an application for an upcoming season of “The Bachelor” or “The Bachelorette,” Catherine says it’s important that it be a supplement to your life instead of banking everything you have on the opportunity.
“You can tell when people want to be famous and when they want all these perks from the show. They might get voted off the first night, then you’re going to be really humble after that,” she said. “So the way I thought of it is, I have a great life. This is just a really fun experience that I’m getting to have and to kind of think of it as a supplement and not as your only way of living.”
Sean’s advice? Just have fun.
“Back when we were on it [the show], Instagram wasn’t nearly as big of a thing as it is now. So people weren’t doing it to make money on Instagram ads after the show, so it’s probably a different beast now,” he said. “But it’s a once-in-a-lifetime opportunity. You might be able to travel the world and do a lot of cool things you wouldn’t experience otherwise, so just have fun.”
If you are single, but the limelight (and potential drama) isn’t quite for you, don’t sweat it. Sean says to “be patient and try to enjoy the chapter of life that you’re in. Marriage is awesome and it’s fantastic and so rewarding and things like that, but being single has its advantages. I can look back on my 20s when I was single, and I spent a lot of time with friends and it’s just a different chapter and that chapter’s also fun. Don’t be in a hurry to rush to the next chapter. Enjoy the chapter you’re in.”
“Enjoy your family while you can and doing things on your own time, because now, you have to think about the other person, you have to think about your children, and of course that’s amazing, but go be selfish and go travel and experience life,” Catherine added. “It’s so much fun when you get to do things by yourself and have something a little more to bring into a relationship like more worldly experiences and a different outlook.”
To experience one of “The Bachelor” franchise’s most beloved couples in real life, fans can feel the love on February 14 when the pair will appear at Subway’s Ultimate Valentine’s Day Experience from 6 p.m. to 9 p.m. at the Omni Hotel in Dallas, Texas. Tickets are currently sold out, but there’s an option to sign up for the wait list for free. The event serves to promote the chain’s Meatball Marinara and Ultimate Spicy Italian sandwiches on cheesy garlic bread.
After the event, the couple literally has no other plans to celebrate the commercial holiday. They just really love food, so the timing and nature of the partnership works. If you want to treat your sweetie to a nice dinner at a chain restaurant, give it all you’ve got with these 20 places offering dope V-Day Deals.
Source: https://www.thedailymeal.com/entertain/sean-catherine-lowe-subway/021219
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How to Find the Best Franchise Investment Properties
This post originally appeared on Marketplace Advertiser, Reonomy and is republished with permission. Find out how to syndicate your content with theBrokerList.
IN THIS ARTICLE:
Benefits of Investing in a Franchise
How to Become a Franchisee
How to Find Franchise Investment Properties with Reonomy
Find Properties By Tenant Name
Find Properties By Tenant Type
Get Property Owner and Tenant Contact Information
How to Find Franchises for Sale with Commercial Listings
Whether you’re an investor looking to net-lease commercial property to franchise tenants, a business owner looking for a franchise to own and operate, or somewhere in between, finding the right franchise, however, is as much a matter of real estate as it is a matter of finding the right kind of business.
In this article, we’ll show you how you can find the ideal franchise properties from both an investment and business standpoint, as well as how to analyze the owners and tenants of those properties with Reonomy.
Start finding property owner and tenant contact information today.
Benefits of Investing in a Franchise
Whether you’re looking for a smaller, regional franchise, or a globally-recognized business like Dunkin’ Donuts, franchise investment can be a seriously lucrative venture.
Let’s look at some of the benefits of investing in a franchise.
1. Turning a faster profit. While franchises will often come with higher upfront costs, with the necessary cash on-hand, you can also turn a profit quicker than when investing in the property-alone.
2. Higher risk-floor. This does not apply holistically to franchises, but when comparing the investment risk of a one-off pizza parlor versus a Dominos franchise, for example, the risk associated with the franchise will be much lower, given the already-established brand name.
3. Brand Recognizability. Along with a name like Dominos or McDonald’s also comes years and years of marketing and customer relationship-building already in place at the start of your new business.
4. Access to Corporate Resources. Franchises also come with a great deal of corporate support.
Whether it’s discounted access to inventory, or access to staffing programs and training, being backed by a corporation has a lot of operational perks.
Overall, franchises have greater upfront demands, but more stability in place. Since you’re buying into a proven, already-established system, it comes at a higher initial cost.
How to Become a Franchisee
Real estate-aside for a moment, those looking to invest in a franchise need to first be approved by their corporate overseers as a viable franchisee.
In some cases, corporations will own some of their franchise locations, but on the whole, ownership is mostly open to investors.
Subway and Dunkin’ Donuts U.S. locations, for example, are 100% franchise licensed.
On the contrary, Starbucks does not franchise to individuals, but will license locations to already proven establishments that a Starbucks can live within—like airports, grocery stores, or a hospital.
For example, as of 2016, McDonald’s owned roughly 15% of their 36,000 locations globally—properties that they’ll net-lease to individual franchisees to grant them the control over the property that they need.
➤ Read about using Reonomy to find NNN properties for sale.
The first step is to choose the franchise you’d like to invest in, which might be specific to your region, whether you’re in an urban or suburban location, and so on.
Once that decision is made, you can visit the corporate website of your desired business and fill out their franchise application. Most companies will have additional information, showing you the correct way to move fully through the process of applying.
Take Smoothie King’s franchise site for example. They walk potential investors through the steps they need to take to become a qualified Smoothie King franchisee.
Once you’ve been approved and have gone through the necessary orientation process, your search for property can begin. When all is said in done, finding the right real estate could be the game-changer for your franchise.
This is where Reonomy can help you dive into properties to see who the tenants are, who the owners are, and help you get into contact with them.
How to Find Franchise Investment Properties with Reonomy
You can find off-market franchise investment properties by the name of the tenant, the type of tenant, or simply by location and asset type.
Let’s say you’re looking to find a Dunkin’ Donuts for sale in the MSA of Trenton, NJ. With Reonomy, you can search off-market for properties in any market nationwide to find ideal investment opportunities and contact owners directly.
➤ What’s the benefit of searching off-market?
To find a Dunkin’ Donuts for sale, or likely to sell, your sequence of actions on Reonomy might look something like this:
First, you’d apply a location filter for “MSA: Trenton, NJ”
Then, you can use the Tenant search tab to search specifically for properties that have “Dunkin’ Donuts/Dunkin Donuts/dunkin donuts,” as a tenant.
Alternatively, if you’d like to see Dunkin’ Donuts locations along with other similar businesses, you could search instead by tenant type. For example, you can search for properties using the NAICS code, “Baked Goods Stores,” or the SIC code “Doughnuts.”
To add more depth to your Dunkin’ Donuts for sale search, you can then add varying levels of building and lot, sales, debt, and ownership filters to generate more granular results. Learn more about searching for properties here.
From there, you can analyze those Dunkin’ Donuts locations in great detail.
You can see the full building and lot specs of the property, including building area, year built, and so on. You can also see an aerial view of the property to gauge its proximity to popular roadways.
See the asset type breakdowns for the properties with said-tenant. For example, you can see whether a Dunkin’ Donuts location is a standalone property, part of a mixed-use property, or within other shops (say, a gas station).
By looking at the sales history of the property, you can also see if a franchise has been owned for a long time, and is therefore likely to sell.
See the other tenants in the building.
With any franchise, it is possible that they’re not the only tenant in the building, or that they reside in a strip mall or shopping center.
In each property profile page on Reonomy, you can visit the Tenant tab to see all of the current tenants of the property, along with the tenant’s decision-maker contact information (more on that later).
You’ll also be able to see the type of location of the property, including whether it is a “Single Location,” or a “Branch” — pertinent information given that branches are company-owned.
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Let’s run through some additional examples to show the the various ways you can use Reonomy and other online sources to search for specific franchise properties.
Find Properties by Tenant Name
Subway Franchise for Sale
Despite some struggles in recent years, Subway still has the most franchise locations in the U.S.—and by a large margin.
With more than 25,000 locations nationally, all of which are franchisee locations, Subway has almost as many U.S. locations as McDonald’s and Starbucks combined, who are the next two highest on the list.
If you’re looking for a Subway franchise for sale, you can search Reonomy for Subway properties by tenant name or tenant type.
The NAICS code for Subway restaurants would be “Limited-Service Restaurants.” The SIC search for Subway would be “Sandwiches and submarines shop.”
The other option is to visit Subway’s “Own a Franchise” page to see FAQs, learn more about becoming a franchisee, and eventually fill out their application for additional information.
McDonald’s Franchise for Sale
McDonald’s has roughly 14,000 franchises in the U.S. alone, almost all of which are franchise-licensed.
In Reonomy, you can search by Tenant name “McDonalds,” by tenant NAICS code, “Limited-Service Restaurants,” or SIC code, “Fast-food restaurant.”
From there, you can dive into the property’s sales and ownership info to begin making an informed pursuit of the property and gauge whether or not it’s likely to sell.
McDonald’s also offers an online application form on their website that you can fill out to begin the process.
7 Eleven Franchise for Sale
To find 7 Eleven franchises for sale, you can again search Reonomy in a similar fashion to that of the Dunkin’ Donuts example included above.
The only notable change would be the NAICS or SIC codes, which when searching for a 7 Eleven to invest in, would both be “Convenience Store(s).”
Another option is to visit 7 Eleven’s webpage specifically geared towards searching available U.S. franchise opportunities. On the site, you can choose the state you’d like to search in (since the chain is not in every state nationwide).
7 Eleven’s franchise application form can be found online as well.
Domino’s Franchise for Sale
Other than Pizza Hut, Dominos is the largest pizza franchise in the U.S. in terms of number of locations, with more than 5000 in total, most of which are franchise-licensed.
To find a Dominos to invest in using Reonomy, your NAICS code would again be, “Limited-Service Restaurants,” and your SIC code, “Pizza restaurants.”
You can also apply to “own a piece of the pie,” by filling out the Dominos franchise application form, which can be found on their website.
Find Properties by Tenant Type
Cleaning Franchise for Sale
Aside from searching for specific business names on Reonomy, you can also search for a specific business or tenant types.
This is typically easiest to do by using the SIC code search option in the Tenant tab.
So, if you were looking for a cleaning franchise for sale, for example, you could go visit the Tenant Type search bar, select “SIC,” and enter the relevant code, such as “carpet and upholstery cleaning,” or “cleaning services.”
Once you’ve added a filter, you can begin narrowing your search down by the location you’d like to search in, if any. Search on a city level, county level, neighborhood-level, by street name, or exact address.
After that, you can analyze the Tenant tab of individual property pages to see who the exact cleaning service tenant is, and get their contact information.
Gas Station for Sale
Another example of searching by tenant type would be to search for a gas station property.
Given the fact that the property type falls under broader asset type classifications (convenience/service station/retail), you can use Reonomy’s tenant search tool to search specifically for gas stations, and if you choose, search for a specific gas station tenant.
You can also analyze individual gas stations to see other tenants, and see whether there are also coffee shops, retail, or restaurants on the same property as the station.
Get Property Owner and Tenant Contact Information
Once you’re in the midst of property research and analysis on Reonomy, it’s also very easy to access the owner details and contact information, as well as the contact information of the tenants.
In our Dunkin’ Donuts example from above, you’ll see how to access the contact information of tenant decision-makers.
To find property owner contact information, within individual property profile pages, you can visit the Ownership tab. There you’ll see the reported owning entity (LLC or individual name), along with contact information of the individual owner or individuals associated with the owning LLC.
Find Franchises for Sale with Commercial Listings
While Reonomy gives you access to information on every commercial property in the U.S., you can also turn to online commercial listings platforms to find properties that are actively being listed for sale.
BizBuySell
BizBuySell has roughly 45,000 active business for sale listings across the U.S.
For investors looking specifically for a franchise for sale, BizBuySell does offer a search for franchise opportunities only.
Within their franchise opportunity search, there are many categories that you can select, from automotive, to pet-related, to retail, food and restaurant, cleaning services, and much more.
Franchise for Sale by Owner
When it comes to listings, the closest thing to an off-market search would be to search for properties that are for sale by owner (FSBO).
While Reonomy grants you near-unlimited access to franchise properties, you can use websites like businessesforsale.com and businesssmart.com to search for franchises that are actively being listed for sale by owner.
Whatever the case may be, however, you can use Reonomy to identify investment opportunities, franchise or not, anywhere in the nation, with just a few clicks.
Learn more about Reonomy’s commercial tenant search.
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Ninth Circuit Addresses Website and Mobile App ADA Accessibility
As I have noted in prior posts (for example, here), a few plaintiffs’ law firms have launched a wave of lawsuits under the Americans with Disabilities Act (ADA) based on website inaccessibility allegations. In one of the first appellate court decisions on the legal issues these cases present, the Ninth Circuit recently reversed a lower court dismissal of a website and mobile app accessibility lawsuit that had been filed against Domino’s Pizza. The appellate court’s ruling underscores the exposures companies face for these kinds of lawsuits. The Ninth Circuit’s January 15, 2019 opinion in Robles v. Domino’s Pizza can be found here.
Background
Guillermo Robles is legally blind. Robles uses screen-reading software to access the Internet. On two occasions Robles attempted to order a pizza online from Domino��s. He was unable to do so because, he contends, Domino’s failed to design its website and mobile app so his software could read the sites. Robles filed a lawsuit against Domino’s failed to design and operate its website and mobile app to be full accessible as required by the ADA. He sought injunctive relief to compel Domino’s to adopt its sites to private industry accessibility standards (WCAG 2.0).
Domino’s moved for summary judgment, arguing that the ADA did not apply to its website and app, and that, in any event, because the U.S. Department of Justice had not issued applicable accessibility guidelines, applying the ADA as the plaintiff requested would violate its due process rights. Domino’s also invoked the primary jurisdiction doctrine, which permits a court to dismiss a complaint pending resolution of controlling issues by an administrative agency with special competence.
In a March 20, 2017 Order (here), Central District of California Judge S. James Otero granted Domino’s summary judgment motion. Judge Otero agreed with the plaintiff that the ADA’s prohibition of discrimination against disabled persons applied to Domino’s website and app. But he also held that requiring Domino’s to comply with the ADA would violate the company’s due process rights because the DOJ, the agency responsible for developing regulations to enforce the statute, had not yet issued relevant standards regarding website or mobile app accessibility. In view of the long-awaited but not yet issued guidelines from the DOJ, Judge Otero invoked the primary jurisdiction doctrine and dismissed the plaintiff’s complaint. The plaintiff filed an appeal to the Ninth Circuit.
The January 15, 2019 Opinion
In a January 15, 2019 opinion written by Judge John Owens for a unanimous three–judge panel, the Ninth Circuit reversed the district court’ dismissal of the plaintiff’s complaint and remanded the case for further proceedings.
The Ninth Circuit began its analysis by concluding that the ADA’s requirements did apply to Domino’s website and app. The alleged inaccessibility of the website and app “impedes access to good and services of its physical pizza franchises.” In reaching this conclusion, the appellate court noted that customer use the website and app to order pizzas for at-home delivery or in-store pickup. The online resources “are two of the primary (and heavily advertised) means of ordering Domino’s products to be picked up at or delivered from Domino’s restaurants.” This “nexus” between Domino’s website and app and its physical restaurants is “critical to our analysis.” The appellate court noted in a footnote that it “need not decide” if the ADA applies to websites or apps “where the inaccessibility does not impede access to good and services of a physical location.”
The court then turned to Domino’s argument that applying the accessibility standards to the company in the absence of DOJ guidelines would violate the company’s due process rights. The appellate court rejected this argument. The ADA, the court said, “articulates comprehensible standards to which Domino’s conduct must conform.” Since at least 1996, Domino’s “has been on notice that its online offerings must effectively communicate with disable customers.” The constitution “only requires that Domino’s receive fair notice of its legal duties, not a blueprint for compliance with its statutory obligations.”
Moreover, “the possibility that an agency might issue technical standards in the future does not create a due process problem.” The constitution, the court said “does not require that Congress or DOJ spell out exactly how Domino’s should fulfill [its] obligation.” The court speculated that the DoJ’s delay may in fact be intentional to allow companies to have “maximum flexibility” to decide how to go about meeting the ADA’s requirements. The appellate court also rejected Domino’s argument that requiring the company to comply with the WCAG 2.0 standard, in the absence of DoJ guidelines, would violate the company’s due process rights.
Finally the appellate court concluded that the district court erred in invoking the primary jurisdiction doctrine. The district court’s ruling on this issue, the appellate court said, would unduly delay the resolution of an issue the court can decide, in violation of the principles underlying the doctrine.
The appellate court remanded the case to the district court for further proceedings to decide whether the website and app provide the blind with accessibility required by the ADA’s mandates.
Discussion
As the Blank Rome law firm noted in its January 2019 memo discussing the Ninth Circuit’s decision (here), the appellate court’s ruling in the case suggest that companies “should consider taking steps to remediate their platforms to ensure people with disabilities have equal access to consumer-facing content.”
It is important to note that the Ninth Circuit did not say that the ADA’s accessibility mandates apply to every company’s website or mobile app. Indeed, in a footnote the Court expressly emphasized that it was not reaching the issue whether the ADA applies to websites or apps “where their inaccessibility does not impede access to the goods and services of a physical location.” Indeed the appellate court said that the “nexus” between Domino’s website and apps and its physical restaurants was “critical to our analysis.” Although the court expressly did not reach the issue, the implication is that the ADA’s requirements might not apply or might not require accessibility accommodation in the absence of this “nexus” between the website or app and a company’s physical location.
The court’s emphasis that companies may have flexibility in adapting to the ADA’s requirements also could be helpful in some instances. Given the rapid pace of technological change a flexible approach may be preferable, at least assuming that the accessibility mandates apply in the first place.
In any event, the Ninth Circuit’s ruling that the ADA’s accessibility requirements apply to Domino’s website and app is the latest in a series of rulings that have held companies’ websites must provide accessibility to the blind. Significantly, the Ninth Circuit did not reach the issue of whether or not Domino’s website violates the accessibility requirement but rather it remanded the case to the district court for further proceedings on that issue.
There have been cases in which the proceedings have reached the point where there was an affirmative conclusion reached on the issue of whether or not a specific company’s website violated the accessibility requirements; for example, as discussed here, in June 2017, a federal judge in the Southern District of Florida, following a bench trial, entered a verdict that the website of the Winn-Dixie grocery store chain was inaccessible to a visually impaired person in violation of the ADA.
As I have noted in prior blog posts, there have been quite a number of these kinds of ADA lawsuits filed in recent years. The Ninth Circuit’s ruling in this case highlights the risks that companies may face when it comes to these kinds of website and mobile app accessibility issues. In its memo about the case to which I linked above, the Blank Rome law firm emphasized the Ninth Circuit’s decision’s practical implications: “While the Robles decision does not specifically require every website and app to comply with WCAG 2.0, from a practical standpoint, any business with a website and/or an app should perform audits to ensure its websites and apps are accessible to screen reader software and devices used by blind and visually impaired individuals and are as compliant as possible with the WCAG 2.0.”
In that regard, it is worth noting that the Judge in Winn-Dixie case noted above, in shaping relief in the case, imposed an injunction adopting the WCAG 2.0 guidelines. As one commentator noted at the time, the Judge’s use of the guidelines “further points to the WCAG 2.0 as the de facto standard for website accessibility.”
These kinds of cases could represent a substantial litigation exposure for companies involved, as well as for their EPL insurers. The possibility of this type of lawsuit includes not only the risk of damages awards but also includes the costs of defense, as well as the possibility of an award of the claimants’ attorneys’ fees.
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Ninth Circuit Addresses Website and Mobile App ADA Accessibility
As I have noted in prior posts (for example, here), a few plaintiffs’ law firms have launched a wave of lawsuits under the Americans with Disabilities Act (ADA) based on website inaccessibility allegations. In one of the first appellate court decisions on the legal issues these cases present, the Ninth Circuit recently reversed a lower court dismissal of a website and mobile app accessibility lawsuit that had been filed against Domino’s Pizza. The appellate court’s ruling underscores the exposures companies face for these kinds of lawsuits. The Ninth Circuit’s January 15, 2019 opinion in Robles v. Domino’s Pizza can be found here.
Background
Guillermo Robles is legally blind. Robles uses screen-reading software to access the Internet. On two occasions Robles attempted to order a pizza online from Domino’s. He was unable to do so because, he contends, Domino’s failed to design its website and mobile app so his software could read the sites. Robles filed a lawsuit against Domino’s failed to design and operate its website and mobile app to be full accessible as required by the ADA. He sought injunctive relief to compel Domino’s to adopt its sites to private industry accessibility standards (WCAG 2.0).
Domino’s moved for summary judgment, arguing that the ADA did not apply to its website and app, and that, in any event, because the U.S. Department of Justice had not issued applicable accessibility guidelines, applying the ADA as the plaintiff requested would violate its due process rights. Domino’s also invoked the primary jurisdiction doctrine, which permits a court to dismiss a complaint pending resolution of controlling issues by an administrative agency with special competence.
In a March 20, 2017 Order (here), Central District of California Judge S. James Otero granted Domino’s summary judgment motion. Judge Otero agreed with the plaintiff that the ADA’s prohibition of discrimination against disabled persons applied to Domino’s website and app. But he also held that requiring Domino’s to comply with the ADA would violate the company’s due process rights because the DOJ, the agency responsible for developing regulations to enforce the statute, had not yet issued relevant standards regarding website or mobile app accessibility. In view of the long-awaited but not yet issued guidelines from the DOJ, Judge Otero invoked the primary jurisdiction doctrine and dismissed the plaintiff’s complaint. The plaintiff filed an appeal to the Ninth Circuit.
The January 15, 2019 Opinion
In a January 15, 2019 opinion written by Judge John Owens for a unanimous three–judge panel, the Ninth Circuit reversed the district court’ dismissal of the plaintiff’s complaint and remanded the case for further proceedings.
The Ninth Circuit began its analysis by concluding that the ADA’s requirements did apply to Domino’s website and app. The alleged inaccessibility of the website and app “impedes access to good and services of its physical pizza franchises.” In reaching this conclusion, the appellate court noted that customer use the website and app to order pizzas for at-home delivery or in-store pickup. The online resources “are two of the primary (and heavily advertised) means of ordering Domino’s products to be picked up at or delivered from Domino’s restaurants.” This “nexus” between Domino’s website and app and its physical restaurants is “critical to our analysis.” The appellate court noted in a footnote that it “need not decide” if the ADA applies to websites or apps “where the inaccessibility does not impede access to good and services of a physical location.”
The court then turned to Domino’s argument that applying the accessibility standards to the company in the absence of DOJ guidelines would violate the company’s due process rights. The appellate court rejected this argument. The ADA, the court said, “articulates comprehensible standards to which Domino’s conduct must conform.” Since at least 1996, Domino’s “has been on notice that its online offerings must effectively communicate with disable customers.” The constitution “only requires that Domino’s receive fair notice of its legal duties, not a blueprint for compliance with its statutory obligations.”
Moreover, “the possibility that an agency might issue technical standards in the future does not create a due process problem.” The constitution, the court said “does not require that Congress or DOJ spell out exactly how Domino’s should fulfill [its] obligation.” The court speculated that the DoJ’s delay may in fact be intentional to allow companies to have “maximum flexibility” to decide how to go about meeting the ADA’s requirements. The appellate court also rejected Domino’s argument that requiring the company to comply with the WCAG 2.0 standard, in the absence of DoJ guidelines, would violate the company’s due process rights.
Finally the appellate court concluded that the district court erred in invoking the primary jurisdiction doctrine. The district court’s ruling on this issue, the appellate court said, would unduly delay the resolution of an issue the court can decide, in violation of the principles underlying the doctrine.
The appellate court remanded the case to the district court for further proceedings to decide whether the website and app provide the blind with accessibility required by the ADA’s mandates.
Discussion
As the Blank Rome law firm noted in its January 2019 memo discussing the Ninth Circuit’s decision (here), the appellate court’s ruling in the case suggest that companies “should consider taking steps to remediate their platforms to ensure people with disabilities have equal access to consumer-facing content.”
It is important to note that the Ninth Circuit did not say that the ADA’s accessibility mandates apply to every company’s website or mobile app. Indeed, in a footnote the Court expressly emphasized that it was not reaching the issue whether the ADA applies to websites or apps “where their inaccessibility does not impede access to the goods and services of a physical location.” Indeed the appellate court said that the “nexus” between Domino’s website and apps and its physical restaurants was “critical to our analysis.” Although the court expressly did not reach the issue, the implication is that the ADA’s requirements might not apply or might not require accessibility accommodation in the absence of this “nexus” between the website or app and a company’s physical location.
The court’s emphasis that companies may have flexibility in adapting to the ADA’s requirements also could be helpful in some instances. Given the rapid pace of technological change a flexible approach may be preferable, at least assuming that the accessibility mandates apply in the first place.
In any event, the Ninth Circuit’s ruling that the ADA’s accessibility requirements apply to Domino’s website and app is the latest in a series of rulings that have held companies’ websites must provide accessibility to the blind. Significantly, the Ninth Circuit did not reach the issue of whether or not Domino’s website violates the accessibility requirement but rather it remanded the case to the district court for further proceedings on that issue.
There have been cases in which the proceedings have reached the point where there was an affirmative conclusion reached on the issue of whether or not a specific company’s website violated the accessibility requirements; for example, as discussed here, in June 2017, a federal judge in the Southern District of Florida, following a bench trial, entered a verdict that the website of the Winn-Dixie grocery store chain was inaccessible to a visually impaired person in violation of the ADA.
As I have noted in prior blog posts, there have been quite a number of these kinds of ADA lawsuits filed in recent years. The Ninth Circuit’s ruling in this case highlights the risks that companies may face when it comes to these kinds of website and mobile app accessibility issues. In its memo about the case to which I linked above, the Blank Rome law firm emphasized the Ninth Circuit’s decision’s practical implications: “While the Robles decision does not specifically require every website and app to comply with WCAG 2.0, from a practical standpoint, any business with a website and/or an app should perform audits to ensure its websites and apps are accessible to screen reader software and devices used by blind and visually impaired individuals and are as compliant as possible with the WCAG 2.0.”
In that regard, it is worth noting that the Judge in Winn-Dixie case noted above, in shaping relief in the case, imposed an injunction adopting the WCAG 2.0 guidelines. As one commentator noted at the time, the Judge’s use of the guidelines “further points to the WCAG 2.0 as the de facto standard for website accessibility.”
These kinds of cases could represent a substantial litigation exposure for companies involved, as well as for their EPL insurers. The possibility of this type of lawsuit includes not only the risk of damages awards but also includes the costs of defense, as well as the possibility of an award of the claimants’ attorneys’ fees.
The post Ninth Circuit Addresses Website and Mobile App ADA Accessibility appeared first on The D&O Diary.
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