General Business and Finance Blog

Evaluating franchise attorneys and evaluating franchise consultants can seem a daunting task. But the firm a company selects to assist its entry into franchising, refine existing franchise efforts or make franchise opportunity investment decisions will have profound consequences. While asking for a list of references is one approach (and when is anyone ever dumb enough to provide a bad reference?) there are more objective criteria that are not dependent on selectively disseminated information.

By addressing the nine Franchise Questions, topics and subcategories of information discussed below, you will eliminate virtually 95% of the individuals or firms you are considering. Then efforts can concentrate on evaluating the 5% cream of the crop (especially franchise attorneys) that truly merit consideration:

A. FRANCHISE EXPERT: The #1 factor in evaluating so-called expertise – are the principals really franchise experts? There are objective criteria to determine this:

(1) Have they qualified and been allowed to testify as a franchise expert in court and arbitration proceedings? Being involved as a franchise expert in the franchise litigation process gives a sensitivity and radar for detecting and avoiding future franchise problems.

(2) How many books on franchising have been written by the principals?

(3) How many franchise articles have been published in journals or magazines?

(4) What is their franchise-related teaching experience? (see topics E and F below)

(5) What is their depth of experience in the franchise industry? (see next topic below)

B. EXPERIENCE IN THE FRANCHISE INDUSTRY: (1) Length of time the firm has operated exclusively in the franchise industry?

(2) Experience on both sides of the franchise fence – working with franchise companies (franchisors) as well as with individual investors (franchisees) who have purchased a franchise?

(3) Past experience principals have owning and operating a franchised business? This factor is absolutely critical. If the principals have owned and operated a franchise, they bring a unique perspective and radar for avoiding future franchise relationship problems from disgruntled franchise owners.

C. COMPREHENSIVE TRAINING & ONGOING SERVICES; CONTROL SYSTEMS: (1) Can (and will) the firm train your personnel to operate and manage your new franchise company? Remember, you’re entering an entirely different business, one requiring new skills and abilities. If this topic is not addressed in detail, you might as well earmark the franchise fees received when you sell franchises for a future franchise litigation war chest;

(2) Will the firm help you review and update operational (franchise operations manual) and legal documentation (franchise offering circular) on an ongoing basis?

(3) Has the firm developed, and will they help you put into place, franchise marketing, sales control and legal compliance programs during the critical implementation (start-up) phase of your franchise program?

The existence of these programs is essential to ensure only the cream of franchise applicants are allowed to enter the network, and to create a series of documented files should a dispute arise in the future. Most of the legal risk in franchising occurs during the franchise marketing cycle when franchises are sold. If your company’s done a good job here with these programs, then you’ve eliminated most of the risk.

D. LEGAL: FRANCHISE ATTORNEY (1) Is the law practice devoted exclusively to franchise law?

(2) Total number of franchise disclosure documents (formerly called franchise offering circulars) drafted and reviewed?

(3) Experience filing franchise registrations and working with state examiners in all 14-plus franchise registration states?

(4) Experience represeting franchise companies as well as persons buying a franchise? Knowing both sides of the fence is a tremendous asset.

E. ACADEMIC: UNIVERSITY & COLLEGE Experience teaching franchise courses at graduate and undergraduate university levels?

F. ACADEMIC: PROFESSIONAL Experience teaching franchise courses to franchise attorneys and general practice attorneys?

G. BLEND OF BUSINESS & LEGAL SKILLS: Specialist franchise attorneys and law firms produce tight legal agreements (sometimes overly so leading to future franchise relationship problems) and usually adequate franchise offering circulars. Setting aside the overly tight contract issue, the problem is most franchise attorneys – franchise lawyers are not capable of making sound, strategic business decisions and providing practical, ongoing advice. Some franchise consultants, on the other hand, have good business sense, but lack the requisite legal skills. Questions:

(1) Does the firm have the proper blend of business savvy and in-house franchise legal expertise? It’s always a big plus if the franchise attorney also has an MBA. You can do a Google search with these twin attributes (franchise attorney MBA) and narrow the field considerably.

(2) Can the firm produce good legal documentation (franchise disclosure documents) and help you edit (or create) consistent operational documents (such as the franchise operations manual, training program, etc.) If your franchise agreement says “x” but your franchise operations manual or advertising materials say “y” about the same issue, be prepared to pay hefty franchise litigation fees and deal with franchise litigation attorneys in the future.

(3)Can the firm provide competent and practical ongoing advice in critical areas like effective franchise marketing, media decisions, interviewing franchise buyers, adopting the best franchise organizational structure, implementing a franchise advisory council, etc? Mistakes made in these areas can easily cost the franchise company tens, if not hundreds of thousands of dollars.

H. CONTRACT FAIRNESS: Does the firm give you an option of choosing between: (a) an hourly rate and (b) a flat contract amount, where you don’t have to worry about accumulated hours and an unknown total amount?

I. RED FLAGS – BEWARE OF ANY OF THE FOLLOWING:

• Combination teams where one entity does one part of the project and another the other part. For example, a consulting firm does planning, and operational documentation, while an attorney “they know very well” writes the legal documentation.

• Or, a variant of the above, the company in the “fine print” of its contract, requires your attorney (who you obviously have to pay) to review and approve everything they do because the company (it says) is not rendering legal advice. Actually, by providing documents that affect legal rights, they are rendering legal advice, but in an illegal manner. It’s called the unauthorized practice of law. You end up paying two attorneys – yours and theirs. Besides the expense, it sets you up for future franchise problems. Their attorney represents who? The franchise packaging group, of course, and definitely not you. He or she is typically a recent law school graduate who hasn’t figured out what they’re doing is illegal and could cause them to lose their license to practice law. Besides that, they represent the franchise consulting group, whose interest is to churn as many franchise packages per year as possible. You end up with a bad franchise disclosure document and sloppy franchise operations manuals. To save time, the franchise agreement gets watered down so it’s easier to push through some franchise registration states. Some of the “t’s” may be crossed and some of the “i’s” dotted, but not most of them. The end product are documents that set you up for future franchise litigation difficulties.

• Firms that advise you to franchise your business, and they’ve never seen your business! You’d be surprised how often this happens.

• Firms that say they’ll write your franchise operations manual for you. How someone, who knows absolutely nothing about your business, could ever come close to anything but a mediocre product at best, is a frightening thought. The use of boilerplate manuals produced by consulting groups is yet another future litigation time bomb. You are the true expert in your business. With competent guidance and editing, you’ll be able to produce a professional and workable operations manuals, if you don’t have these already.

• Pricing quotes that seem exceedingly high or low (especially “do-it-yourself” franchise kits).

• If you are buying a franchise, BEWARE of any attorney recommended by the franchise company. Even worse, beware of franchise companies who say you don’t need to use an attorney. There are a couple of these online.

• Firms (or individuals) that have EVER been sued for fraud, misrepresentation, the unauthorized practice of law or violating any franchise law. DON’T FORGET TO ASK THIS CRITICAL QUESTION!!

©1990-2008, Kevin B. Murphy, B.S., M.B.A., J.D. – all rights reserved

For more informaton, consult the Franchise Foundations website.

 

 

 

This report presents a comprehensive picture of the contribution of small enterprises in Ireland. The report contains data on the contribution of small businesses in industry, services and construction, as well as statistics on the labor, the knowledge-based economy and workforce. It also includes international comparisons. In the report, a small business is defined as an enterprise which employs fewer than 50 people. Statistics on medium (50-249 persons) and large enterprises (250 or more people) are included for comparison. Highlights of the report are: Industry: Production and employment dominated by medium and large enterprises * In 2005, four of the five industrial companies (81%) were small businesses with fewer than 50 employees. This company employs 50,000 people, slightly more than one fifth of total industrial employment. * The larger companies (50 or more persons) employed 181,100 people in 2005 and generated 93% of the total turnover in the industry. * The vast majority of small industrial firms were Irish owned (95%). Nearly 42% of larger companies are foreign-owned. Services: More than 380,000 employees of small businesses in the service sector * In the service sector, almost all companies (98%) were small. There were 82,100 small businesses, employing over 380,000 people in the service sector in 2005. That was more than half of total employment in this sector. * Small businesses account for nearly half (49%) of total turnover in the services sector, and generates a turnover of nearly ? 81.6bn in 2005. * Nearly half of small businesses in the service sector are the property of the family (47%). The vast majority of these family businesses employed fewer than 10 people. Construction: Small businesses occupied two thirds of all people who work in construction * According to the Quarterly National Household Survey, there were 253,200 employed in construction in the fourth quarter of 2005. Of these, 211,000 have indicated that they worked in small businesses (fewer than 50 employees), while 24,500 have indicated that they worked in large enterprises (50 or more employees). A further 17,600 not specify the number of employees to their jobs. * Among the 253,200 people employed in the construction industry, more than 65% worked for very small concerns employing less tha ten people. Salaries and wages: 54% of private sector employees in small firms earned between ? 10 – ? 20 per hour in 2006 * The average hourly wage in small businesses were ? 15.22 in 2006 compared to ? 19.38 in companies with 50 or more workers in 2006. * The average annual salary for employees in a small business amounted to ? 32,453 in 2006. The average wage in large enterprises was ? 44,794 per year. Knowledge-based economy: the larger companies have shown higher levels of e-government activities * Small businesses generally not more modern information and communication technology than larger companies. * Almost all companies with 10 or more employees were connected to the Internet that two-thirds of businesses with fewer than 10 employees to use the Internet. Size of work: almost 56% of employment in small workplaces * In all areas, 56% of jobs in workplaces where fewer than 50 persons were employed in the second quarter of 2007. A total of 1175800 people worked in small workplaces. Of these, 839,300 were employees, 216,600 are self-employed and 107,900 are self-employed with employees. These figures include agriculture and the public sector and the economy. * Among the 316,300 non-Irish nationals in employment in the second quarter of 2007, less than half (47%) worked in small workplaces. EU comparison, the value added in small construction firms in Ireland was three times the EU average in 2005 * Almost three-quarters of production in Ireland turnover was generated by large companies, while the EU average was 60%. * In 2005, Ireland is recorded but the gross value added per employee of ? 51,600 in the distribution of services. The EU average was ? 33,000 per employee. * The gross value added per employee in the construction industry in Ireland was significantly higher than the EU average for all types of employment dimension.

Now the small business owner can get a line of credit with no hassle. Even in today’s economic climate with banks faltering and the stock market declining, smart banks and credit companies are still looking to invest in small business opportunities. Oftentimes, a line of credit can mean the difference between success and failure for a small business. Lines of credit can be used to purchase inventory, pay utility bills, manage payroll, advertise, or to fund expansion projects. A line of credit can also allow a small business to weather downward trends in sales without having to make painful budget cuts and unpopular layoffs. A line of credit also allows a small business to avoid high interest loans from traditional banking institutions. Lines of credit are also much simpler to manage than typical loans or financial advancements, and securing a line of credit for your small business has never been easier. While traditional banking institutions offer lines of credit for your small business, there are also other options. Conventional credit card companies are great resources a line of credit. They usually offer introductory low interest rates, flexible payment options, and are usually easier to secure than small business loans from a bank. The Internet is great tool to utilize when searching for an available line of credit for your small business. There are several web sites that offer searchable databases of credit offers. You can limit the search by any number of criteria, making each search specialized to your particular needs. These details can include credit limits, payment options, interest rates, and credit company options. Also, by applying online, many credit card companies offer different and better credit line terms for small businesses. These better terms can mean the difference between success and failure in a competitive business environment.While credit card companies are a great and easy way to secure lines of credit for your small business, a bank can also be a good place to look for a line of credit. The terms may not be as good initially as a credit line issued from a credit card company (especially from an online application for credit), but banks a generally more trust worthy and the credit line terms are more predictable. When applying online for credit lines, there can be hidden terms or stipulations that are hidden in pages upon pages of small print. It is often difficult to realize all the terms and limitations of an online credit line. Interest rates are a good example. While introductory rates can seem excellent, once those introductory rates expire, the interest rate can skyrocket. This increased interest rate can cost your small business thousands of hard earned dollars, thus straining your business’ bottom line. Credit lines issued from banking institutions are more straightforward, and while their introductory interest rates are not generally as desirable as online credit institutions, the increased rate is generally much lower. When trying to secure a line of credit for your small business all aspects of the credit line are important. While credit lines can help your small business purchase inventory, pay employees, and weather downturns in sales, the wrong terms for your credit line can cost your small business thousands of dollars. 

 

 

 

 

When it comes to marketing your home business, you should definitely use the tried-and-true methods such as Internet advertising, newspaper advertising, yellow pages advertising and flyer advertising. However, there is absolutely no rule that says you can not utilize innovative and interesting marketing techniques to spread the word about what your home business has to offer. If you like the idea of marketing your home business using unique and interesting ideas, you will definitely want to read on.  

 

 

 

Everyone Loves Candy 

 

 

 

Personalized candy bar wrappers have become very popular ways of announcing marriages and births, why shouldn’t they be used to advertise a home business? Everyone loves getting candy. If you wrap Hershey bars with personalized candy bar wrappers that advertise your home business and hand them out in front of a mall or another high-traffic area, word about our home business will certainly get out. This is an especially good idea if your home business involves catering, gift basket creation or other food-related products or services.  

 

 

 

Billboard Body Advertising 

 

 

 

Using temporary body tattoos to advertise your home business may be a great way to get the word out. Some home business owners have experienced great marketing success by renting “body space” from people and then putting temporary tattoos on them and having the person sign a contract to display the tattoo in public for a certain number of hours each week. If you want some “shock value” advertising, having your home business web address tattooed on someone’s forehead is surefire way to get noticed. 

 

 

 

Get Media Attention

 

 

 

One of the best advertising methods is media attention. While it is not always easy to get the media to do a story about your home business, it is indeed possible. The first thing you need to do is create a buzz about your home business. If the product or service your home business offers is newsworthy, that should not be hard to do. However, most home business owners need to rely on more creative measures to get the buzz going about their home business. 

 

 

 

Some good ways to create a buzz about your home business include making a substantial gift to a charity, giving away a certain amount of the products or services offered by your home business, sponsoring a local contest or event, or holding a food drive for the homeless.  

 

 

 

Once you have something newsworthy to report about your home business, you need to get it to the media so they can cover the story. To do this, you will need a press release. You can either write the press release for your home business yourself or you can hire a writer to write the release for you. Once the press release has been created, you just need to submit it to the different media outlets and then give interviews to the news people who contact you. Make sure you plug your home business each and every time you give an interview. 

 

 

 

Sponsor a Local Little League Team 

 

 

 

If you live in an area where local businesses sponsor little league teams, you may want to think about getting in on the action. Little league sponsorship is surprisingly affordable and the kids will be wearing uniforms displaying the name of your home business for an entire season. That is quite a bit of exposure.  

 

 

 

Get Into the Movies

 

 

 

Getting movie theater advertising may be a lot easier and cheaper than you would think. In some areas, movie theaters rent out slide ad advertising. The theater rotates different slide ads for local businesses before the movie trailers and feature film begin. When people arrive early to a movie, they have nothing better to do than watch the ads rotating on the screen. If your ad is one of the ones they are looking at, it is going to draw a lot of attention for your home business.  

 

 

 

While you may think this form of advertising would cost thousands, many movie theaters offer this type of advertising for well under $100 a month. If you think about how many people see movies each and every day, you begin to realize how much exposure this type of advertising can give you.

This unique small business financing program offers many benefits, and not just to small business owners. This program allows referrals, and this can help you make a nice sum simply for referring small business owners to the program. The referral program is a situation where everyone involved wins, and there are no losers. This program requires no credit checks, tax returns, or any of the other documentation that is usually required. It is one of the best available small business financing options, and the referral program means that you can earn extra money simply by telling other small business owners about this fantastic program.

Referrals are paid for by the lender to help identify other small business owners who could benefit from this program. Many small business owners have networks of other small business owners, who may belong to the same trade groups or associations. In addition, many of us know people who own a small business and could really use financing right now to help in these tough economic conditions. The referral process is very easy, and takes almost no time at all. Anyone you refer will put your name as the referral source on the paperwork, and when your referral qualifies for the financing then you are paid a referral fee. You get money simply for helping an acquaintance or friend get the money they need for their small business. This financing program is risk free, because the processing fee is completely refundable if you are not one hundred percent satisfied with the amount of financing offered.

The referral program offered by this financing opportunity means you can help out any small business owner you know or meet, and benefit from it. The extra income you can make from referrals can really come in handy, especially with the slow economy and financial crisis that is raging. The best part is that this small business financing program sells itself, because of all the benefits offered and the fact that there are no disadvantages. You do not not to push to sell the benefits of this financing program, once small business owners realize the enormous potential and the ease and convenience offered. Financing is critical for any small business to grow and expand, and the financial crisis has made getting this financing extremely difficult from banks and other traditional lenders.

This new and unique small business financing program is a lifeline to small business who need financing but do not meet the perfect credit and documentation requirements that are needed in the current climate. The referral program means that you can get the small business financing you need plus earn some for telling people about the program you use. Unlike all the other financing options, this program is very flexible, and requires a small amount of documentation. Bad credit is okay and can still get approval. This program has helped many small businesses get back on their feet by providing the financing needed. The fact that you can earn money for telling people about this fabulous financing program is just another benefit, for a program that has many.

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What’s the difference between franchising vs. licensing a business? The starting point in the franchising vs. licensing a business analysis is to consider the legal aspects, then the business aspects. In considering the legal aspects, begin with the following premise that applies to both options. If you put someone into business (or allow them to use your business name/mark) this transaction will normally be a regulated activity, subject to substantial penalties for noncompliance.

This guiding legal principle, coupled with the business aspects of selling a franchise vs. a license (discussed below) will answer most franchise vs. license questions. Advice from a competent franchise attorney is indispensable.

BACKGROUND OF FRANCHISE & BUSINESS OPPORTUNITY LAWS Why does regulation exist? The government, due to documented past abuses where tens of thousands of individuals lost all of their net worth by investing in nonexistent or worthless business endeavors, has devised two principal consumer protection mechanisms:

(1) franchise disclosure-registration laws; and (2) business opportunity laws.

The thrust of these laws is to require sellers to give potential buyers enough pre-sale information so informed investment decisions can be made before money changes hands, long-term contracts are signed and sizeable financial commitments are undertaken. Under federal regulations, a Franchise Disclosure Document (FDD) covering twenty-three individual chapters and a hundred or more pages in length must be prepared and given to every potential buyer at least 14 calendar days before any contract is signed or money paid.

It doesn’t matter what terms are used by the parties in contracts or other documents to describe their relationship. For example, the contract may call the relationship a license, a distributorship, a joint venture, independent contractors, etc., or the parties may form a limited partnership or a corporation. This is entirely irrelevant in the eyes of governmental regulators, in particular the Enforcement Division of the Federal Trade Commission (FTC). Their focus is not on semantics, but on whether a small number of defining elements are present or not. Today the industry is subject to a complex web of regulations that differ from the Federal level to the state level and differ widely from state to state.

Firms or individuals that say calling it a “license” dispenses with legal regulations are delusional and wrong for at least three reasons:

(1) Common Sense – if it was really that easy, everyone would would be doing it that way. The 3,000-plus companies that are franchising are not stupid. Many of them can afford the best legal talent available. It’s not a coincidence they’re all franchising and not licensing;

(2) Even if the relationship is not regulated under franchise law, business opportunity laws (discussed below) will apply, and complying with these will be a lot more expensive than going the franchise route; and

(3) Any analysis must include federal as well as applicable state laws.

This all reminds me of some financial planners who still advise clients filing U.S. income tax returns is not required under their interpretation of the U.S. Constitution. It just doesn’t work that way. Actually it only works until the IRS catches up. The “licensing avoids franchise regulation” spin (which, not surprisingly, is not accepted in the legal community) also only works until the company gets caught. The logic (not) goes something like this: licensing arises under contract law, not franchise law and therefore franchise law doesn’t apply. Sound’s just like the “you don’t have to file a tax return because tax laws don’t apply” argument.

Here’s a real life example. A “licensing attorney” prepared a dealer license agreement and ignored the FTC Franchise Rule disclosure requirements. The dealers became disgruntled and hired a litigation attorney who sued the company, not surprisingly, for selling illegal, disguised franchises. It cost the company $750,000 to go to trial in federal court to answer the question “Is this contract a franchise?” It’s always a very expensive question to answer. Trying an end run around the franchise disclosure laws by calling it a “license” may be a cheaper way to go initially. But it’s not a question of if you will be caught, the only question is when. Be prepared to spend mind-boggling amounts down the road when the disguised franchise is challenged for what it really is.

In a 2008 case, Otto Dental Supply, Inc. v. Kerr Corp., 2008 WL 410630 (E.D. Ark. 2/13/08) another disguised franchise vs. a license was at issue. The licensor claimed it sold just a license, not a franchise and the franchise laws didn’t apply. It made a motion for summary judgment to have the case thrown out of court. The federal Eastern District Court ruled against the licensor and ordered the case onward. It said whether or not the license was really a franchise was up to a jury to decide. Juries apply common sense to the simple defining elements of a franchise. They are not swayed by semantic arguments like “licensing arises under contract law, not franchise law and therefore franchise law doesn’t apply.” Another expensive franchise vs. license learning lesson.

This is not to say licensing a business isn’t a viable option in foreign (out of U.S.) transactions where U.S. laws don’t apply – but these are a very small minority. Most transactions and contracts cover U.S. activities and residents, so the franchise vs. license question is an easy one to answer. Even inside the U.S. there are some cases where calling the relationship a “license” makes sense. Years ago, a company selling education franchises to university professionals called their contract a license. To comply with applicable laws, a full franchise disclosure document was prepared and registered. For strictly marketing reasons, the “franchise agreement” was called a license agreement within the franchise disclosure document.

The list of required defining elements is quite short, and although certain franchise exemptions and exclusions are available, the franchise statutory framework was designed to pigeonhole these relationships into either a franchise or business opportunity box. Normal license agreements contain certain “control” provisions (right to audit, require reports, mandate suppliers, etc.) and the presence of ANY control or assistance provision (operations manual, training, site or other assistance) is enough to satisfy these elements of the Rule. In fact, the title of the FTC Rule says it all: “Disclosure Requirements & Prohibitions Concerning Franchising and Business Opportunity Ventures.” So, the focus must be on which box is better to use, not on how to avoid using either box.

THE FRANCHISE BOX – REGULATION BY THE FEDS Let’s consider the franchise box. Under FTC regulations that became effective in 1979 a thick document (now called a Franchise Disclosure Document) must be prepared and given to prospective buyers for a minimum of 14 calendar days before any money is paid or contracts are signed. This document now contains 23 items or chapters of information, as well as current financial statements and a copy of the actual contracts used.

As mentioned, this document is designed to give prospective buyers enough pre-sale information about the company, its financial condition, the proposed contract, investment requirements, trademark rights, exclusive territories, etc.,so informed decisions can be made before long-term contracts are signed. For companies that attempt to disregard federal law, the FTC Act authorizes the Commission to recover civil penalties of up to $10,000 for each violation of its Rule, plus injunctive relief, consumer redress (obtaining complete refunds, canceling contracts), etc. Because each sale can involve multiple violations of various regulatory provisions, these fines can be substantial and far outweigh the cost of doing it right the first time.

Selling a disguised franchise (an illegal franchise) as a “license” can be the most expensive mistake a company ever makes. One need only consult the franchise registration filings of various states to see the significant number of companies that fall into this trap. They started out selling “licenses,” operating under misguided advice, in a vain attempt to save money. Then, they either get sued for selling an unregistered or illegal franchise. Or they finally get competent legal advice that what they’ve really sold are disguised franchises, even though they were called a “license.” The governmental agencies require them to offer full rescission rights (cancel the license, refund all money that’s changed hands) to all persons they’ve sold “licenses” to. Defenses like “we didn’t sell a franchise, we only sold a license” or “it’s a license and a license arises under contract law, not franchise law” just don’t work and never have. In the end, they pay a lot more to have it done the way it should have from the very beginning. And for those disguised franchise owners who usually exercise their “let’s get out of this license contract” rights given to them by the regulatory agencies, the sellers end up putting them into the business for free plus having to refund all the money they paid. Not a pretty picture.

STATE REGULATION OF FRANCHISING Because regulation of franchising is at the federal and state level, the effect of state regulation must also be considered. The FTC Rule sets minimum standards and applies in all states, unless a particular state sets higher standards, and then that state’s law applies. In 1971, eight years before the FTC Rule went into effect, the State of California was the first to enact a franchise disclosure-registration law where a franchise registration process is required before franchises can be offered (i.e. advertised) or sold. The California Franchise Investment Law was in response to a wave of consumer franchise complaints. Other states soon followed California’s lead, leading to a situation where franchise companies had to follow different rules in each franchise registration state.

To alleviate these difficulties and achieve a uniform format, a group of Securities Commissioners from various states adopted a Uniform Franchise Regulation, effective in 1977, known as the Uniform Franchise Offering Circular (UFOC) format. All states requiring franchise registration followed the UFOC format, a thick document also containing 23 chapters of information. None of these states accepted what was then known as the FTC’s Basic Disclosure Document. To ease the obvious predicament created by UFOC vs. FTC format, the FTC allowed companies to use the UFOC format as an alternate to its Basic Disclosure Document. In 2007, the FTC adopted its own version of the UFOC format, known as the Franchise Disclosure Document or FDD. The FDD format is the required format in all states beginning July 1, 2008.

FRANCHISE BOX SUMMARY Bottom line on the franchise box: By preparing a single franchise disclosure document (at a cost of about $30,000), a company satisfies the federal requirement and is positioned to offer and sell franchises throughout the United States. Although certain state-specific information and disclosures may be required in the minority of states having a franchise registration-review process, this can normally be accomplished in a couple of extra hours per state.

THE BUSINESS OPPORTUNITY BOX Now, let’s consider the business opportunity box. At the state level, there are approximately 24 states that regulate and register business opportunities. Unlike the franchise box, there is no such thing as a uniform business opportunity disclosure format. Business opportunity rules and registration requirements differ in each business opportunity state. Many of these states also have a “cooling off” period, usually a couple days after the sale where buyers can change their mind for any reason and receive a full refund.

For a company that’s going the business opportunity route two different documents may need to be prepared and provided: the FTC’s Basic Disclosure Document (if the business opportunity fits the FTC’s definition of a business opportunity) and a state’s more abbreviated business opportunity disclosure document. Also, different timelines may need to be observed: the FTC’s 14 calendar days before, and a business opportunity state’s cooling off period after.

Bottom line on the business opportunity box – if you’re an attorney with a business opportunity or “licensing” client, get ready for hundreds of billable hours, you’ve just landed a big one. But, if you’re the business paying the legal bills, it’s going to be a lot less money to go the franchise route. Prepare a single, Franchise Disclosure Document, register in a state or two as expansion efforts begin, and you’re essentially done.

There are also other factors to consider in the franchise vs. business opportunity analysis, including liability issues (definitely a greater risk in the franchise arena) but these are beyond the scope of this article, which is not intended to offer legal advice. Companies should consult with competent, informed legal counsel about the specifics of their particular situation before making any decision.

THE BUSINESS ASPECTS OF FRANCHISING VS. LICENSING A BUSINESS The business aspects of the franchise vs. license and business opportunity options are relatively straightforward. It all boils down to image from a marketing standpoint. From a credibility standpoint, does your company want to stand toe to toe with the likes of McDonalds, Radio Shack, H & R Block and other franchised household names? These are the mental images formed in the mind when an average consumer hears the word franchise, along with familiar, highly advertised slogans like “being in business for yourself, but not by yourself,” “complete training,” “support where and when you need it,” etc.

This, coupled with the complete package of training, start up and ongoing support services offered by franchise companies, makes a franchise a more attractive commodity in the eyes of the prospective buyer and an easier sale. The same applies to firms that first sold “licenses” then switched to selling “franchises.” These companies report they attracted considerable interest and far more inquiries when offering “franchises” compared to when they offered “licenses.” So, even from a business standpoint, the franchising vs. licensing a business question is easy to answer. In addition, and as discussed above, a “license” is almost always a franchise in disguise, a ticking bomb creating significant legal issues if the FTC Rule (and corresponding state franchise registration laws) are not followed.

THE BUSINESS ASPECTS OF FRANCHISING VS. BUSINESS OPPORTUNITIES Business opportunity ventures, when compared to franchises, suffer from definite image problems that translate into difficult marketing issues. If you ever need proof of this, just attend any business opportunity show or expo. You’ll see a host of fly-by-night opportunities such as worm breeding in backyards, exotic plants raised in glass bowls, condom vending machines (not a bad idea these days) and the like all promoted by fast-talking, high pressure salespersons. Does your company really want to be associated with these companies and the reputation they project? Poor image, coupled with the fact that business opportunity ventures typically provide little training and no ongoing support, make them a much more difficult sale to prospective buyers. In a business opportunity, the buyer is just thrown a ball, and it’s entirely up to them how to run with it.

CONCLUDING REMARKS From both a legal and business perspective, the franchise vs. license choice is an easy one to make. Doing it right the first time will save money and significant legal headaches down the road. The individuals prevalent on the internet who claim (via very unprofessional-looking websites) that merely calling the relationship a “license,” are only selling a future lawsuit. They are not looking through the lens of an expert with almost three decades of experience who has seen first-hand the havoc these “disguised” franchises cause. Instead, they are attempting to make easy money – at your expense. From the most basic, common sense perspective, if it looks like a Duck, talks like a Duck and walks like a Duck – . . . it’s a Duck.

© 1990-2009, Kevin B. Murphy, B.S., M.B.A., J.D. – all rights reserved.

Are you one of the many people who wake up and dread the daily drive to work? One of the thousands of people who dream of the day when they are not a slave to the alarm clock? Or are you tired of being in debt? Do you dream of a better house/new car?

Every time your boss tells You! that You! must give up Your! plans as some project must be completed, but he must go because he has promised to take his wife to some dinner party. You dream of the benefits of being the owner of your own home business.

Is this you?

Thousands imagine of what it would be like to own their very own successful business, financial Independence, and with that comes personal freedom, but few think of the sacrifices that have to be made in order to make the dream a reality, don`t let that be you.

Before you embark on any home business ownership, you need to ask yourself some important questions, but more importantly you need to be completely honest with your answers.

For a home business to work as with anything, you must be willing to put in time and effort. In this world there is no such thing as money for nothing. A home business will allow flexibility with your hours, provide you with more time with your family, and a virtually unlimited income potential, but you will earn only as much as the time and effort you put into it. A home business is a great choice for parents who want to stay at home, and earn money while their kids are at school. A home business can also be the ideal solution for somebody who works, but is looking to earn some extra money. Its up to you, “you” set your own agenda!

Have you the discipline to work contentedly on your own, at home, ignoring all the distractions the home as to offer. Don`t need others telling you what to do and when to do it, if so a home business could be perfect for you, enabling you to live the life you have always dreamt of.

The most important ingredient to succeeding when you start a home business is you! Have you the self motivation you will need to be able to push yourself especially when opportunities have not worked out. But with every new sale your enthusiasm will be reinforced, remember success breeds success, the opportunities are limitless.

The speed and level of success you reach will be mainly down to the time and effort that you devote to your new home business. Three key skills will come into play, your organisational, planning, and marketing skills, which everybody possesses to some degree, as your business develops, these skills will develop accordingly. Everybody suffers from setbacks time to time in their endeavours, even the most successful people still do, but they don`t dwell on them don`t you, just move on to your next success and you and your business will be much the stronger for the experience.

Now your the boss of your own home business, it will allow you the freedom to do many things that you would never have been permitted to do whilst working for that boss. Remember the time your baby was sick he would not let you have time off. You wanted to attend some event, again he would not grant you the time off. Now you own your own home business its not a problem, personal freedom is just one of the many great benefits of owning your own home business.

Owning your own home business means that you can take care of all your families requirements what ever they maybe. Your own home business will allow you and your loved ones the kind of lifestyle that you deserve. Remember at all times to stay positive and focused on your own home business, even if sales are not up to expectations, at times you may even hear negative comments from people you know, ignore their comments, these people just accept what life as given them, but you know you do not have to accept that, just stay positive and your home business will prove them all wrong and provide you with the lifestyle you use to dream about!

Robert Pickering is webmaster of Switchonprofits Work At Home Directory providing proven legitimate Home Business Ideas. To get a free newsletter providing top tips, and a complete guide to our opportunities available visit http://www.switchonprofits.com.

A home based business is a great way a person can make an extra income on the side or just get out of the normal grind on the average 9 to 5 job. Millions of people in this country already have an at home at one level or another and are generating billions into the economy. It is no wonder why thousands more a day are getting into the home based business game using informative sites such as happilyhomebased.comHowever not everyone is success full at home based business than others. Sites like happily home based makes getting stated easy, but it still up to each individual owner to ensure their own success. Studies have found a few key mistakes that first time home based business owners make. A few of them are the following:Never get into a home based business on a mere compulsionDo your research. Make good use of at home business finders like Happily Home BasedChoose a starter business that you can easily understand. If you have little or business experience choose a home business that is cheap to start and easy control to begin with.Happily Home Based has a wide selection of Home Based Business Opportunities at many different levels of budget and commitment.If you feel hesitant to take on a home business all by yourself find a partner, a friend, family member, colleague, whatever, to help spread the risk and responsibility out.Don’t bite off more than you can chew, sums it up.Don’t give up so soon. Creating home based business from scratch takes time, and you may not get a return on your investment in a matter of weeks. You have to build up reputation and the cliental and money will eventually come in.There’s nothing wrong with buying an existing business or franchise that can be based at home, in fact, there may be less risk involved if it already has a track record of being successful. However, it can be hard to track down those for sale that can be done from home, if that’s where your heart is, that’s why websites like Home Based Business for Sale are useful. This is one of the most popular directory sites of its type, featuring home franchise and other home business listings; while providing advice, resources and tools for fledging entrepreneurs.And finally… Yes unfortunately some business will fail. Always remember that a home based business is a business NOT a hobby, and if you treat it so you will lose money. However, if you do it properly, research your business at sites like happilyhomebased.com, and you will join the millions of American cashing in on at home businesses.

For the last twenty-eight years, as a franchise attorney, author, instructor and recognized franchise expert, I’ve helped firms enter and prosper in the franchise industry – each hoping to become the next “McDonalds” of their respective industries. Along the way, I’ve met and worked with an interesting group of entrepreneurial founders. From apparel to water treatment, the franchised concepts were also incredibly diverse. Some of them interested me to the point where I considered buying a franchise myself. In two or three cases, talks were initiated to discuss the possibility, but never moved forward. I just couldn’t find the precise set of criteria to satisfy my exacting requirements. After all, I had advised hundreds of prospective franchise buyers, and developed sophisticated radar for detecting the good, the bad and the ugly in franchise investments.

In May of 2002, my life changed dramatically as I took the plunge and became a first-time franchise owner. I’d just completed a franchise development project for a San Francisco Peninsula company poised to enter franchising. They operated a very successful home improvement business that specialized in a unique niche. Targeting homes constructed in the 1960’s to the 1980’s having old, flat, ugly interior doors, this company replaced all interior doors in a home with new, freshly-painted raised panel designer doors, locksets and hinges. Their advertising mantra was “Replacing America’s 1.16 Billion Interior Doors.”

After interviewing a couple interested franchise candidates who didn’t sign up, the company became concerned about selling its first franchise. Selling the first one is usually the most challenging task facing any new franchise company. There are no other franchise owners a prospective buyer can talk to about financial performance, training, ongoing support and other franchise relationship issues. Because of this void, selling the first one is difficult. After I was repeatedly asked when they could expect to sell their first franchise, my hand finally jumped up and I volunteered for the assignment. After discussing the venture with my wife Linh Luu-Murphy, who agreed to take a hiatus from her successful Napa Valley foot reflexology massage business to help me, our franchise agreement was signed May 22, 2002.

Let’s consider the major assumptions and factors I evaluated in making my buying a franchise investment decision, and see how things worked out.

INDUSTRY TREND As stated in the previous franchise article, a major issue is finding a franchise in a cutting-edge industry that is doing well currently and is projected to do well in the future despite any economic slowdown. From my experience in evaluating hundreds of franchises, I observed the home-improvement industry was a stable segment. People are always looking for ways to improve the appearance and value of their homes.

Unlike other home improvement companies that concentrate on a single, high ticket improvement (a kitchen remodel, for example, that can cost $50,000 and more), for a couple thousand dollars ($2,000 to $5,000), a homeowner can give every room in their entire home a major face lift by replacing their old, flat doors with new raised panel, designer doors. In the aftermath of the 9-11 attacks, and the country’s high security anxiety, I felt more people than ever would be nesting at home. A home typically represents the most valuable asset in a family’s portfolio. If the homeowner can be educated and motivated to improve the appearance and value of this asset, by making a reasonable investment, sales are easy.

Major home improvement chains, like Home Depot, realized this and were aggressively promoting interior door replacement. However, they were not organized to meet the needs of the target market in a cost-effective manner. The franchise company had discovered and perfected the “do-it-right” approach for this market, and actually welcomed competitive bids from the Home Depot and other large home improvement chains. In my estimation, all of this bode well for home improvements in general, and this franchise company in particular.

TOTAL INITIAL FRANCHISE INVESTMENT The franchise company estimated initial franchise investment between $127,00 and $180,000 in its Franchise Offering Circular. Turned out, we came in below the low end of the range. Including the $20,000 in franchise fees and the $78,000 I used against a home equity line of credit, our total investment was just under $100,000. Incredibly, this was enough to get the business operational AND reach the critical break-even point where cash flow paid all the bills. As discussed in the other franchise article, reaching the break-even point in many businesses can take a year, two years or more.

Getting operational happened fairly quickly. From the time my wife Linh and I signed the franchise agreement at the end of May, 2002, secured the real estate in mid-July, 2002, completed improvements then training in August, 2002, and began operations like a rocket in the first week of September, 2002, about four months elapsed. We hit the break-even point in mid-October, 2002, just six weeks after operations started, and began to accumulate an ever-increasing balance in the business savings account.

When we sold our franchise in September of 2003, our interior door replacement business was rocking and rolling. Residential home owners negotiated for position on our six to eight week waiting list to get their old, ugly, flat interior doors replaced with new raised-panel, designer interior doors and shinny lock sets. The new owner paid $236,000 for our franchise, and we received $235,000 after escrow fees. Subtracting our $100,000 investment left a tidy $135,000 profit. Not bad for operating the business exactly one year, and this didn’t include operating monthly income before the business was sold.

REAL BUSINESS We operated a retail business with a storefront, as opposed to a “work out of your home” operation.

FRANCHISE MANAGEMENT EXPERTISE The management team of the franchisor had no past achievement and experience in operating a franchise company. They had just started the franchise company and were learning on the fly. That was definitely a major risk. However, I’d given them detailed seminars on how to operate a franchise company and manage franchise relationships based on my twenty-plus years of franchise industry expertise, and had every reason to believe they’d follow my advice. And, because I was their very first franchise, I also believed they would do everything it took to make us a success. My goal was to develop the first franchise from scratch, build it up, then either develop other franchises for them, or sell out – depending on what happened in the franchise relationship. We opted to sell out.

NORMAL WORKING HOURS AND DAYS; SUFFICIENT INCOME LEVEL – FRANCHISE PROFITS AND FRANCHISE PROFITABILITY The nature of this business was a normal five-day, forty-hour workweek. Our business hours were 9A to 5P, Monday through Friday initially. After talking with the owner of the second franchise in early 2003, I discovered and copied his idea of a forty-hour work week spread over four, instead of five days.

Although this meant our employees needed to work four ten-hour days, they were very receptive to the idea. By starting on Monday and getting all door orders for the week installed by Thursday, everyone had a three day weekend every week, not just on an occasional holiday. Of course, I didn’t have to work ten hours a day. I arrived by 10 a.m. and usually finished by 4 p.m. – Monday through Thursday. Supervising four employees, working 24 hours a week and having 3-day weekends off every week – try finding that in another franchise!

What about the financial picture? Let’s take June of 2003, our tenth month of operations when we started interviewing a number of interested buyers. Sales were $47,000 less expenses of $35,500, left an income that month of $11,500. Of course other months varied, and the business was still in the start-up development stage operating with only a single crew of four employees – but you get the idea. Using the results for June and multiplying by twelve for an annual result, we’d entered financial performance territory only enjoyed by a select group in the entire franchise industry.

MINIMUM NUMBER OF EMPLOYEES Remember my key question here: can you operate the business with six or fewer employees? When we started business operations in September, 2002, we had two employees. A month later, we added another. When the business sold a year later, our crew consisted of one part-time and three full-time employees, plus me and my super-energetic wife, Linh Luu-Murphy.

LEASING AND LOCATION Our interior door replacement business operated from a low rent commercial business zone, so high square foot rent and triple net leases were never a concern. The 7,200 square foot warehouse and retail showroom we settled on in San Carlos, CA, with rent starting at $0.65 per foot the first year, seemed almost too big (and expensive) initially. Cutting a rental check to the landlord for about $5,000 every month, by far our biggest initial operating expense, made my heart race while I thought “is this whole thing going to work and how long will it take to reach the break-even point?” But, as things turned out, our location was perfect, sales were never an issue, and we hit break-even just six weeks after operations started.

Due to the size of our facility and nature of the interior door replacement business, three crews were possible and bringing them online, one crew at a time, would double then ultimately triple sales. Also, because we were the first to enter the franchise system, we selected the very lucrative, exclusive territory that stretched from Palo Alto, CA all the way up to San Francisco, CA. Although we never expanded the business beyond a single crew, these “next steps” in the evolution of the business in such a prime territory were strong selling points. The new owner of our franchise ultimately took the next steps and with three crews enjoys weekly sales of $30K to $35K – which is over $1.5 million per year.

IMAGE AND LIFESTYLE I didn’t need to flip burgers, scoop ice cream or clean restrooms. As a franchise co-owner, my principal job was creating and maintaining client relations. I placed ads designed by the franchise company, responded to customer phone calls, set up appointments, did estimates and sent out contracts. A lot of my working time was spent driving to customer’s homes, meeting with them over coffee, taking measurements of all their interior doors, going over the options and explaining our one week production cycle – picking up their old doors on a Monday and installing the new doors by Thursday.

Back at the office, I’d enter the estimate information in our computer and generate a contract proposal. Then I’d email or fax the contract to the customer and wait for their deposit. About 70% of the proposals turned into jobs. Customers called back, gave me their credit card billing information, faxed in the signed contract and I scheduled their production week. By the time we sold the business in September of 2003, residential homeowners negotiated for position on our six to eight week waiting list to get their interior doors replaced.

I also ordered the new doors, lock sets, hinges, paint and accessories. Finally, I paid the bills. It was a very efficient business, great cash flow, no billing and no waiting for payment. As I look back, I saw some very nice homes and met some very interesting people. The pickup, production, painting and installation process was handled directly by our employees under the supervision of our contractor, so I wasn’t involved in this aspect – although I did go out with our crew for about three months picking up and installing doors. That way, I understood the process firsthand, and this helped considerably in knowing how to bid jobs and cover contingencies in the contract.

TRUE FRANCHISE VALUE My wife and I knew going in this franchise investment was not with an established ‘blue chip’ franchise company. After all, we’d purchased their very first franchise, becoming the ground breakers, the pioneers – willing to accept a much greater degree of risk than other franchise buyers. In return, we expected an adequate level of support from the franchise company. Virtually every new franchise company gives not only adequate, but extra support to its first franchise to compensate for that franchisee’s help in pioneering the new franchise system and the additional risk they’ve assumed. There’s also a self-interest in providing extra support – the future growth of the franchise network hinges on the success of the first franchise.

The ultimate test of franchise value came in November of 2002. I was en-route, driving our box van, jamb-packed with doors, power tools, lock sets, hinges, etc., headed to our biggest installation job yet, with our contractor, Scotty, who supervised our team and was our franchisor-approved manager. Everyone else was back at the shop, frantically cutting, sanding and painting the rest of the 100-plus doors scheduled for other jobs that week.

Knowing we had taken on the busiest week of our fledgling business, contractor Scotty complained all week about his wages, saying he wasn’t being paid enough. I’d explained, numerous times, our cash flow wouldn’t support any pay increases at the moment, that he’d only been working for us a little over two months, and his pay was exactly what he requested when we hired him. Scotty wasn’t listening and his complaints continued during our drive along El Camino Real to the client’s house. We were stopped at a red light, waiting to make a turn when Scotty abruptly announced “I’m out of here, I quit.” Opening the passenger door, he jumped out, and walked quickly down the sidewalk of El Camino Real, leaving me stranded in a van that’s a bit larger than a UPS delivery truck. Scotty believed he was indispensable and his theatrics were nothing but a hardball, power play for money.

Looking back at all those freshly painted doors in the van, I knew there was no way one person could install them. I completed my turn, pulled over, and called our shop with my cell phone. Our main door cutter and best employee, Brian, confirmed what I already knew. He could leave and meet me for the install, but that would throw off our entire schedule for the week.

Then, I remembered something important. “That’s why I bought a franchise,” I thought to myself, “we’re in business for ourselves, but not by ourselves.” Surely the franchise company would know exactly what to do, and help us, their very first franchise, deal with a problem that could cripple or kill our new business. They were just a short twenty-minute drive away, had multiple crews, etc. I called the founder, Mr. Interior Door himself.

The first thing Mike said, after I’d related my predicament was: “Do you think Scott will start a competing business?” I assured him that wasn’t even remotely possible. Starting a door business usually cost upwards of $350,000, requires a sizeable warehouse-showroom, power tools, delivery van and other things. Scotty, besides his tools, had no assets. He’d even moved into our warehouse from day one so he didn’t have to pay rent and lived paycheck to paycheck.

I quickly redirected Mike to the purpose of my call and asked for his advice and H-E-L-P. Perhaps a couple of his door installers for the rest of the week, at my expense? Answer – no. What about one person for the rest of the day? Answer – no. What about one person for just a couple hours? Same answer – no. Incredibly, Mr. Interior Door said he couldn’t spare even a single person (including himself) for a couple hours to help us out.

So, no help – but what about advice? Mike’s only advice: call all our customers, including the one I was en-route to, tell them we couldn’t make it this week and re-schedule all jobs forward a week. Since we’d already booked other jobs over the next two weeks, this would have been a disaster, not only to our cash flow (payroll, rent and supplier bills were due that week) but also for our customers who’d already scheduled time off work to be at their homes on the scheduled dates.

That’s when I realized we were in business for ourselves . . . and by ourselves. After thinking things over in the silent van, I called the shop and told Brian to meet me at the customer’s home for the installation. I figured at least we’d collect $4,000 doing this job and just have to see about the rest of the week. By the time Brian and I finished, the day was over. We arrived back at the shop at 4 p.m. – quitting time for our construction workers. Our door jobs for the next day were not even close to being finished. The crisis was finally upon us – should I follow Mike’s advice, call all our customers and try to reschedule for the following week?

Linh and I decided on a different approach. We held a little meeting, explained the situation, and asked our employees if they’d be willing to work overtime, so our new business wouldn’t go out of business. We also fully realized our employee’s concerns. They’d been working very hard that week to help us achieve our ambitious goal. Our team leader, Scotty, was history, and they all had families and responsibilities at home. Under normal circumstances we’d be up the proverbial creek without a paddle.

LINH LUU’S MANAGEMENT STYLE TO THE RESCUE Fortunately, my wife’s management style was about to pay off. Born and raised in Vietnam, and used to working in a number of family-owned Asian businesses, Linh convinced me from the very beginning to treat our employees in Asian tradition, like members of our family. It was a very extended version of theory “Y” management style I’d studied in my graduate business classes. Everyday, we bought lunch for all employees and ate together, discussing what was new in their lives as well as exchanging door stories. We also provided soft drinks, coffee and snacks throughout the day at the shop. On birthdays, we’d take the person out to a movie of their choice and dinner afterwards.

Luckily, we didn’t have that many employees, but every month saw an ever-increasing total for these benefits on our profit and loss statement. I questioned Linh about it, reminding her Mr. Interior Door only provided employee meals once every couple months for a special occasion. Linh always had the same reply – “don’t worry, it’s the right thing to do and if we ever need them, they’ll be there for us.” As part of her management style, Linh also accompanied our crew on door installation days and hung doors right along side them. It was amazing to see this little Asian-American woman carry solid core doors that weighed as much as she did into the customer’s home, and install them right with our team – a definite morale booster. Linh told our crew “This boss likes to get involved.”

Linh’s management style kept our business in business and on track that November. All employees immediately agreed to work overtime. I ordered pizzas for everyone for dinner and they worked from 5 p.m. until 1 a.m. the next morning. This dedication repeated itself over the next two days, which is nothing short of incredible, given they all had to report back to work at 7 a.m. each morning. We completed all jobs scheduled for that week, collected our money and all customers were very satisfied. By the next week, the business was on track, humming along, and strengthened by overcoming the adversity.

SUMMARY Looking back, we happened to be in the right place at the right time, and were willing to take a calculated risk. We didn’t rush in, took a lot of time evaluating many factors, and kept emotions out of the franchise investment decision – thus avoiding the three mistakes made by most franchise buyers.

It was definitely an effort getting the business established, finding the right location, the right workers, and navigating a new business on our own. But the challenges were a learning experience, and overcoming them was very rewarding. Although I’ve advised hundreds of individuals and firms about the in’s and out’s of franchising, the insights gained and lessons learned in operating my own franchise and interacting with the franchise company retooled my knowledge of franchise relationships.

© 2003-2008, Kevin B. Murphy, B.S., M.B.A., J.D. – all rights reserved

For more information, visit the Franchise Foundations website

 

Tougher times are expected for small and medium sized business. Business failures are expected to rise by a staggering 50% which means that failed businesses could peak around 32,400 in 2010; this would be the highest level recorded since 1992. The Federation of small businesses said that they had recorded a dramatic increase of 214% in the amount of calls to their legal advice line on redundancies from concerned small businesses in the fourth quarter of last year.

Their members are concerned about jobs and how to hold on to jobs; small businesses are usually the last businesses to make employees redundant. The calls are asking how to make employees redundant, how do I do it, what action should I take, this is extremely worrying when it is thought that 32,400 business may go bust. On average each small business employees approximately 5 members of staff; this means that 150,000 people could lose their jobs from small businesses this year.

The federation of small businesses is the voice of small and medium-sized businesses in the UK; they have over 215,000 members, who employ more than 1.3 million people with a combined turnover of £10billion. The federation of small businesses are proposing a five point plan. They believe that small business can help to get us out of this recession if the government were to give small businesses more contracts, the government improves employment paperwork, government improves access to traineeships or apprenticeships and improves the position of the banks giving money to small businesses. This will rely on the bank mangers releasing and relaxing the money supply to small businesses and not having a knee jerk reaction to this recession. As quoted by Stephen Alambritis.

This government under Gordon Brown and Alistair Darling need to realise that small businesses are the back bone of the economy and that they need to ensure that this recession is as short as possible. To do this they need to spend copious amounts of money to implement a massive job creation programme to keep unemployment down and taxation revenues up. Then hopefully we may ride out this recession!

It’s not just a case of the government supporting the Banks and the Car industry; we need more far reaching initiatives for employment across the economy. The recent incentive released by the government was to assist employers recruiting people who had been unemployed for six months or more. This initiative is flawed as the government will provide £2,500 to employers for training any new recruits as long as the new employee has been unemployed for more than six months. So now employers may be tempted to only recruit people who have been unemployed for six months or more for the additional money that is available.

Gordon Brown and Alistair Darling should look across the pond to Barack Obama’s newest policy to create 3 million new jobs in America. This initiative is expected to cost some $850 billion to implement along with other help offered to their car industry and the banking sector.