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In spite of the rapid growth of franchising in the recent years, it constitutes as of now
about 2 % of the total retail sale of about US$405 billion
The market size of franchising sector estimated to be US$ 7.2 billion and is expected
to reach US$ 20 billion by 2013
There are about 1,200 active franchise concepts operating in India and over 100,000
franchisees with a large number of foreign and particularly American brands that
include McDonald’s, Pizza Hut, UPS, MedicineShoppe, Kodak, Gold’s Gym and
KFC
In addition, there are many home grown companies going into franchising in a large
number of areas of the economy that include computer education, schools, financial
institutions, restaurants, health care, courier logistics, travels, beauty parlours and
apparels Source: The Food Franchising Report 2009
What’s in the name?
“Franchising in simple terms is essentially an agreement by which the
franchisor provides license to use trademark/brand name, product, or system of
a business to the franchisee in consideration of fees and/or royalties”
WHY DO COMPANIES FRANCHISE?
For a company with a product or service to sell, franchising provides an
excellent opportunity for :
100% commitment from their franchisees who have a stake in the business
rather than staff or managers who simply work for a salary and may be less
motivated
TOP REASONS WHY FRANCHISES ARE PURCHASE
1. People want to buy into an idea that’s already proven to be successful
2. The management of the business has already been formulated
3. The support network is already in place
4. Right to use the Brand Name & provides swift market recognition
5. Collective buying power
6. Procuring goods from the franchisor at less than the market rates
7. Reaching economies of scale
8. Helps in Local and national advertising
9. Supervision, training programs and consulting
10. Managerial, operational (R&D) and accounting systems
11. Stay current with legal issues
Master franchise
On the basis of functionality, the franchise could be divided into:
Business Format franchise, where franchisor agrees to provide the license to use its
brand together with the business package and exactly the same format and standards.
Affiliation franchise, where the franchisor enters into franchise with franchisees that
are already operating in the same or similar business. Arvind Mills, Madura Garments
LEGAL ASPECTS TO BE KEPT IN
MIND
The agreement between the franchisor and the franchisee is governed by the
Indian Contract Act, 1872
Depending upon the various conditions governing the relationship between the
franchisor and franchisee documented in the franchise agreement, the Trade Marks,
1999, other Intellectual Property Right legislations like :
Foreign Exchange Management Act, 1999, royalties are subjected to tax too
Implications of Specific Relief Act, 1963,
Code of Civil Procedure, 1908 and
Arbitration Act, 1996, need to be conceived for the purpose of the dispute
resolution aspect, in case of difference of opinion between franchisor and the
franchisee.
With the advent of the Competition Act, 2002, the restrictive covenants
provided for in the franchise agreement, will also come under the scrutiny of
the Competition Commission of India.
KEY ELEMENTS MENTIONED IN THE AGREEMENT
1 pizza – 6 min
Horbort
Ghodbunder
Coke
20 – 20 format
1 bike – Rs 35k
POWAI
DAHISAR LOKANDWALA
$ SALARY
CSR
ABOUT THE FIRM
Anand Rathi is a leading full service investment bank founded in 1994 offering a wide
range of financial services and wealth management solutions to institutions, corporations
Footprint to over 350 locations across India with international presence in Hong Kong &
New York. Founded by Mr. Anand Rathi and Mr. Pradeep Gupta
The group today employs over 2,500 professionals through out India and its international
offices.
The firm’s philosophy is entirely client centric, with a clear focus on providing long term
value addition to clients, while maintaining the highest standards of excellence, ethics
and professionalism
The entire firm activities are divided across distinct client groups: Individuals, Private
Clients, Corporates and Institutions
ANAND RATHI -FINANCIAL INSTITUTION
Franchisee Business: A stock broking unit
Franchisee fee: 2 lakh (one time) (NSE, BSE, Future & Options, MCX, NCDEX)
More than 1 lakh, franchisee gets 6% Interest p.a
Electricity - Rs 5,000
NCFM Exam
Derivative Dealer Module
Capital Market Module
BSE Cash
Currency Module
Commodity Basic Module(MCX)