On 1 April 2022 the Franchising Code of Conduct (the Franchising Code) was amended to insert a new clause 53 which sets out the requirements for the Franchise Disclosure Register.

The Federal Government has substantially changed the Information Statement to be provided to prospective franchisees as part of the pre-disclosure process. It has also clarified that the Information Statement must be given before the other documents given to a prospective franchisee (14 days before a prospective franchisee enters into a franchise agreement).

The Franchising Code of Conduct (the Franchising Code) was amended on 1 June 2021, with most amendments applying from 1 July 2021, including the Exit and Termination amendments.

The long awaited dispute resolution provisions under the Franchising Code of Conduct (the Franchising Code) came into force on 2 June 2021.

A right of renewal in a franchise agreement is a right which gives you the option to "renew" the franchise agreement at the end of the term.

Not all franchise agreements contain a right of renewal.

Even if your franchise agreement contains a right of renewal you may not want to renew the franchise agreement. 

A restraint of trade clause is a clause which is included in an agreement typically to stop someone from competing or using confidential information.

Franchising enables you to grow your business and build your brand.

The rights to end the franchise relationship, to sell your franchised business, or to pass your franchised business on to a beneficiary are determined by the terms of your franchise agreement and the Franchising Code of Conduct (the Code).

Are you a business owner considering expanding your success by franchising? There's a lot to consider before taking such an important step, and it can be quite confusing knowing where to start. Consequently, questions arise such as "Can I franchise my business" and "How do I start to franchise my business".

In this article we will explain a number of factors that you need to take into account while exploring the opportunity of franchising your business.

We will delve into understanding branding, systems and consistency as foundational elements required when franchising.

But first we look at what franchising is and how it can help your business grow.

What is franchising?

Can I franchise my business?