Sell  |  Buy  |  Service  |  Tradeshows

 
Subject: Be Prepared if Your Franchiser Falls
fannyyao
Administrator
Rank: 9Rank: 9Rank: 9Rank: 9Rank: 9Rank: 9Rank: 9Rank: 9Rank: 9



Digest Posts 0
Busy Points 180
Posts 18
Post at 24-9-2008 16:14 
Be Prepared if Your Franchiser Falls

About the last thing someone thinks about when buying a franchised business is what happens if the franchiser declares bankruptcy.

But in this dicey economy, it is wise for both current and would-be franchisees to prepare for such a possibility.

In recent weeks, casual-dining franchiser Bennigan's, which had been run by Texas-based Metromedia Restaurant Group, filed for Chapter 7 liquidation — a going-out-of business proceeding that immediately closed 150 company-owned restaurants. The 138 Bennigan's that franchisees ran weren't included in the filing.

Also, franchisers Mrs. Fields Famous Brands LLC, a cookie and frozen-yogurt outfit, and Realty Information Systems Inc., which operates the Help-U-Sell Real Estate chain, filed for reorganization under Chapter 11 of the federal bankruptcy code.

Under Chapter 11, a company remains in business while it works out payment arrangement with its creditors. That plan may require a financial restructuring, including asset sales.

While franchisees have little protection from such events in their contractual agreements, there are steps they can take to help limit the damage to their businesses.

One is to have a contingency plan in place so you won't be making a hasty decision if your franchiser suddenly goes out of business, says Bob Richards, a franchising attorney with the Chicago firm of Sonnenschein Nath & Rosenthal LLP.

"Make sure you have an exit plan to rebrand [with a different franchiser] or go independent," he says. Often, a franchised system can "implode very quickly."

That involves doing your homework on what other affiliations would fit your location and your business style. Also consider the consequences of going it alone — including having to line up vendors yourself.

Another safety net is to have a bigger hand in maintaining the health of one's business by joining a franchise that has an independent franchisee association.

Such a group will have more bargaining power than an individual franchisee when dealing with the franchise on operational issues, advertisements and promotions. It also could give franchisees greater clout with vendors and lenders.

If a franchiser does make a bankruptcy filing — whether it's a reorganization or liquidation — the public is likely to question the viability of every outlet under that brand.

So franchisees may want to squirrel away money that allows them to quickly put out advertisements that communicate to their local markets that they remain open for business.

"A lot of people thought we had closed," says Larry Briski, president of the Bennigan's Franchise Operators Association. In fact, two financial firms agreed to acquire the food chain, although many of the 150 closed restaurants aren't expected to reopen.

For their part, franchisers who find themselves in financial trouble should let their franchisees know, attorneys say. They also should keep them apprised of efforts to right themselves.

Mr. Briski agrees. "It could have been done in a more orderly fashion," he says of Bennigan's demise. "They did a slash and burn," Mr. Briskiadds, referring to the swift and surprising action that he contends hurt franchisees' sales.

Metromedia Restaurant Group says the company couldn't comment and referred questions to the bankruptcy trustee in the case.
Top
 




BusyTrade Global Site
Copyright © 1999 - 2008 BusyTrade.Com Ltd. All rights reserved.

All times are GMT+8, the time now is 27-11-2009 09:30

    本论坛支付平台由支付宝提供
携手打造安全诚信的交易社区 Powered by Discuz! 5.0.0  © 2001-2006 Comsenz Inc.
Clear Cookies - Contact Us - BusyTrade.com