• Franchise Formations - Litigation

• Franchising Consultants



Franchise Glossary Summary of Employee - IC Factors
 
Glossary of Business, Corporate Finance and Investment Terms


Michael T. Chulak & Associates represents clients in California regarding matters dealing with franchise, real estate, and corporate law in the following areas:
  • Franchise Formations

  • Disputes between franchisees and franchisors;

  • Disputes between buyers and sellers of franchised or other businesses;

  • Disputes between franchisees involving negotiations, mediations, arbitrations and litigation;

  • Disputes between competing franchises;

  • Disputes involving business opportunity brokers and/or agents;

  • Fraud claims or failure to disclose;

  • Forming business entities and asset protection;

  • Partnership and shareholder disputes;

  • Due diligence regarding franchises and business opportunities;

  • Representing buyers and sellers of existing franchise businesses;

  • Reviewing proposed franchise documents and then advising prospective franchisees regarding those documents. Negotiating with franchisors with regard to proposed franchise documents;

  • Negotiating and drafting commercial leases for franchisees; and;

  • Preparing employment documents, independent contractor agreements and policy and procedure manuals for franchisees: and

  • Employee - Independent Contractor Issues

  • Copyright - Trademark Infringement

We represent franchisees, franchisors, buyers, sellers, borrowers, lenders, brokers, and agents.

Michael T Chulak & Associates has extensive expertise in the areas of business startups, formation of business entities, business dissolutions, partnership disputes, reorganizations, and obtaining business capital and loans.

For additional information on franchise law or related topics, please contact us for a no cost consultation. Please visit: What is a Franchise? for an analysis of the legal elements, Franchise Questions and Answers and Ten Reasons to Franchise Your Business.



 

 

Franchise Your Business

The attorneys with Michael T. Chulak & Associates can provide you with the legal services needed to franchise your business for a fixed legal fee. Payment plans are available and we may accept all or a part of your fee based upon barter. Call us to discuss your plans to develop a franchised business. Initial consultations are free.

 

FDD / UFOC Opinion Letter - $950

If you are considering the purchase of a franchise, we will review and prepare an opinion letter addressing the most legally significant provisions of the Franchise Disclosure Document (FDD) / Uniform Franchise Offering Circular (UFOC) and proposed Franchise Agreement for $950.00. Our intent is to enable you to make an informed decision before investing thousands of dollars, thousands of hours of your irreplaceable time, and sign a contract that may bind you for years. We believe in the concept of franchising but want you to avoid making a mistake. How can we provide this valuable service for $950.00? It's our way of introducing our firm so you will call on us for future legal services.

 

Investors Available - Franchise Development

If you have the knowledge, experience and burning desire to start a franchise business (as a franchisor), but lack the capital, we may be able to help. We currently have investment capital available to assist in forming the following types of franchises:

• Air Conditioning Contractor
   
• Business Opportunity Brokerage
   
• Collections - Consumer-Business
   
• Commercial Leasing Brokerage
   
• Consignment Store - Antiques
   
• Consignment Store - Baby Items
   
• Hair Cutting
   
• Insurance Agency
   
• Land Brokerage
   
• Landscape Maintenance Contractor
   
• Plumbing Contractor
   
• Restaurant
   
• Security Guards, Patrols
   

You must have a proven history of business and / or employment success and be willing to work long hours to create a successful franchise business. If you are the person we have described, please call us today.

 


Mergers and Acquisitions

The law firm of Michael T. Chulak & Associates can assist your franchised or non-franchised company successfully complete a merger or acquisition anywhere in Southern California. This may include assisting you in finding the right business to acquire, a suitable merger partner, raising equity and/or debt financing, and providing necessary legal services.

While the terms merger and acquisition are often used synonymously, the terms are not the same.

A merger takes place when two firms agree to combine into a single new company rather than remain separately owned and operated. When an acquisition takes place, one company remains in business while the other ceases to operate as a separate, business. While an acquisition, technically and legally results in the dissolution of the acquired firm, it is common for the management and employees of the acquired firm to become an important part of the firm that made the acquisition.



Reasons for Mergers and Acquisitions

Mergers and acquisitions take place only when both parties believe the value of the combined firms will be worth more than the sum of the two firms operating separately. If value is created as a result of a merger or acquisition, the owners of both firms can profit by the transaction.

Some of the reasons cited for mergers and acquisitions include:

• Often the combined company can reduce its fixed costs by eliminating duplicate costs, operations, and departments. Operating costs as a percentage of gross income can usually be reduced, improving the bottom line.
   
• Often special knowledge and experience of the owners and/or senior managers can be put to greater and more profitable use with a larger business and more employees. This is a form of leverage.
   
• When a company is larger, its cash flow tends to be more stable because the number of transactions taking place during each accounting period usually increases.
   
• Additional locations help the company improve its service to existing clients / customers and attract new ones. Your company also becomes more visible which helps to attract new business. More locations result in geographical diversification which is also beneficial.
   

Mergers and Acquisitions Continued



Small Business Facts

According to the Small Business Administration (SBA), small businesses in the United States:

• Represent 99.7% of all employer firms,
   
• Employ more than 50% of all private sector employees,
   
• Pay 44% of total U.S. private payroll dollars, and
   
• Have created 64% of all new jobs over the last 15 years.
   


Selecting Corporate Directors

How to Attract Valuable Corporate Board Members

 

Why corporate directors can be valuable.

Corporate directors may have the ability to:

• Refer and help develop new business clients;
   
• Share their special expertise with the board and management;
• Add to the confidence of those that provide credit to the firm;
   
• Provide access to valuable contacts (including politicalcontacts) in the community;
   
• Add to the prestige of the firm because of their reputation, status, and accomplishments;
   
• Provide leadership and solid judgment, thus helping the board to make good decisions; and
   
• Assist in raising capital for expansion or new projects.
   

Why would a person serve as a corporate director?

• Compensation in the form of money, stock, and / or stock options;
   
• The opportunity to serve others by sharing their knowledge, business experience, contacts, and overall expertise;
   
• To increase their contacts for the purpose of increasing their own business; and
   
• Possibly to add to their own prestige, reputation, and status in the business community.
   

What type of person makes a valuable corporate director?

•  Certified Public Accountants;
   
•  Attorneys with business / corporate experience;
   
•  Bankers (Sr. V.P. or above);
   
•  Owners of business publications;
   
•  Successful CEOs;
   
•  Experienced directors of other corporations; and
   
•  Business executives with integrity, excellent judgment, a track record of financial success, no conflicts of interest, leadership skills, and the time required to perform.
   

What type of person makes a valuable corporate director?

•  Directors and Officers Liability Insurance;
   
•  Access to all relevant information so they can make informed decisions; and
   
•  An Indemnification and Hold-Harmless Agreement for all liabilities.
   

Corporate General Counsel Services

Inhouse General Counsel           •          Outside General Counsel

The General Counsel of a corporation or other legal entity is the chief attorney for the firm. The General Counsel may be a full time inhouse officer of the firm, or may be a part-time outside attorney who provides general counsel services including the following:

•  Providing legal advice regarding compliance with all laws affecting the business;
   
•  Negotiating, drafting and / or approving contracts, for use by the company;
   
•  Overseeing all areas of risk management including insurance, indemnification contracts, and settlements of disputes;
   
•  Advising on employment policies and procedures, hiring employees, terminating employment relationships, confidentiality agreements, and non-disclosure agreements;
   
•  Providing advice on how best to protect company assets including intellectual property; and
   
•  Representing the firm in mediations, arbitrations and litigation, or managing these activities for the firm.
   

Our business-corporate attorneys are available to provide part-time outside general counsel services for small and medium sized corporations and other business entities.

 

Business Startup Checklist

Following is a business startup checklist to assist in developing a new business. Not all items listed apply to every business. There may be items you will want to consider that are not listed.

• ADA Compliance (Americans with Disabilities) Act • Job Descriptions - Written
       
• Advertising Plan • Kitchen Supplies
       
• Advertising Promotional Items • License - City or County
       
• Alcoholic Beverage Permit • License - Professional
       
• Bank Account • Line of Credit
       
• Barter - Direct • Mail Announcements
       
• Barter Exchange • Merchants Association
       
• Budget • Name of Business
       
• Building Permit • Neighborhood Watch
       
• Business Credit Card • Non Compete Agreement
       
• Business Directories - Listings • Obtain Federal Tax I.D. Number
       
• Business / Marketing Plan • Obtain Registered Agent
       
• Chamber of Commerce Membership, Open House • Obtain State BOE Resale Permit
       
• Cleaning Service • Office / Retail Lease
       
• Computer Backup System • Office Supplies
       
• Computers, Printers • Order Business Cards, Letterhead, Envelopes, Brochures
       
• Confidentiality Agreement • Payroll Service
       
• Contracts - Standard Forms • Phone Equipment - Purchase or Lease
       
• Copy Machine • Phone Lines
       
• Coupons • Policies and Procedures Manual
       
• Credit Card Merchant Account • Postage Machine
       
• Design Business Cards, Letterhead, Envelopes, Brochure • Press Release
       
• Determine Advisory Board • Professional Associations
       
• Determine Board of Directors • Purchase Inventory
       
• Determine Location of Business • Research - Competitors
       
• Employee Handbook • Safe, Cash Register
       
• Employment Agreement • Scanner
       
• Equipment - Lease • Security Guard - Cash Pickups
       
• Equipment - Purchase • Select Accountant
       
• Establish Prices For Your Products / Services • Select Attorney
       
• Fax Machine • Select Commercial Bank
       
• File Fictitious Business Name Statement (DBA) • Select Form of Business Entity - Form It
       
• Financing • Security Alarm / Monitoring
       
• Fire Department Permits • Set up Accounting System, Billing System
   
• Fixtures - Purchase • Shareholders Agreement (Buy - Sell)
       
• Forms - Approved For Use • Sign Permits
       
• Franchise Compliance Checklist • Signs
       
• Furniture - Purchase or Lease • Small Claims Filing Service
       
• Grand Opening • Start-up Capital
   
• Health Permit • Surveillance Cameras
       
• Hire Employees and / or Independent Contractors • Tenant Leasing Agent
       
• Independent Contractor Agreement • Trademark Registrations
       
• Insurance - Directors and Officers (D&O) • Trade Organizations
       
• Insurance - Health • Train Employees
       
• Insurance - Liability • Website Design and Construction
       
• Insurance - Property • Zoning Limitations
       
• Insurance - Workers' Compensation    
       


 

Expert Witnesses and Consultants Needed

In connection with our extensive litigation practice, Michael T. Chulak & Associates regularly utilizes the services of expert witnesses and consultants. If you believe you have the knowledge, experience and overall ability to provide these services, we invite you to complete an application and return it with your current resume. Upon receipt, we will enter the information into our database for use by our litigation attorneys and support staff. Please view our websites to become familiar with our areas of practice.

 

Existing Businesses Started During The Great Depression




Areas Served:


Los Angeles County:

Acton, Agoura, Agoura Hills, Agua Dulce, Alhambra, Altadena, Arcadia, Arleta, Artesia, Avalon, Azusa, Baldwin Hills, Baldwin Park, Bassett, Bell, Bell Canyon, Bell Gardens, Bellflower, Beverly Hills, Bouquet Canyon, Box Canyon, Burbank, Calabasas, Calabasas Hills, Canoga Park, Canyon Country, Carson, Castaic, Century City, Cerritos, Chatsworth, Claremont, Commerce, Compton, Covina, Cudahy, Crystalaire, Culver City, Del Sur, Diamond Bar, Downey, Duarte, East Los Angeles, East Rancho Dominguez, El Monte, El Segundo, Encino, Firestone Park, Flintridge, Gardena, Glassell, Glassell Park, Glendale, Glendora, Granada Hills, Hacienda Heights, Hawaiian Gardens, Hansen Dam, Hawthorne, Hermosa Beach, Hidden Hills, Highland Park, Hollywood, Huntington Park, Industry, Inglewood, Irwindale, La Canada Flintridge, La Crescenta- Montrose, La Habra Heights, La Mirada, La Puente, La Verne, La Canada, Lake Hughes, Lake Los Angeles, Lake View Terrace, Lakewood, Lancaster, Lawndale, Leimert Park, Lennox, Leona Valley, Lincoln Heights, Littlerock, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Marina Del Rey, Maywood, Mission Hills, Monrovia, Monte Nido, Montebello, Monterey Park, Mount Baldy, Mount Wilson, Newhall, North El Monte, North Hills, North Hollywood, Northridge, Norwalk, Pacoima, Palisades, Palmdale, Paramount, Pearblossom, Pico Rivera, Pomona, Quartz Hill, Rancho Dominguez, Rancho Palos Verdes, Rancho Park, Redondo Beach, Reseda, Ritter Ranch, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, San Pedro, Santa Clarita, Santa Fe Springs, Santa Monica, Saratoga Hills, Saugus, Sherman Oaks, Sierra Madre, Signal Hill, South El Monte, South Gate, South Pasadena, Stevenson Ranch, Studio City, Sun Valley, Sun Village, Tarzana, Temple City, Toluca Lake, Topanga, Torrance, Tujunga, Universal City, Val Verde, Valencia, Valley Village, Van Nuys, Venice, Vernon, Walnut, Walnut Park, West Covina, West Hills, West Hollywood, West Los Angeles, West Toluca Lake, Westchester, Whittier, Wilmington, Windsor Hills, Winnetka, Woodland Hills

Ventura County:

Camarillo, Channel Islands, Faria Beach, Fillmore, Moorpark, Newbury Park, Oak Park, Oak View, Ojai, Oxnard, Port Hueneme, Santa Paula, Saticoy, Somis, Simi Valley, Thousand Oaks, Ventura (San Buenaventura), Westlake Village

Orange County:

Aliso Viejo, Anaheim, Balboa Island, Brea, Buena Park, Corona Island, Costa Mesa, Cypress, Dana Point, Foothill Ranch, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forrest, Los Alamitos, Mission Viejo, Newport Beach, Newport Coast, Orange, Placentia, Rossmoor, San Clemente, San Juan Capistrano, Santa Ana, Santa Ana Heights, Seal Beach, Stanton, Tustin, Tustin Foothills, Villa Park, Westminster, Yorba Linda

San Bernardino County:

Adelanto, Apple Valley, Barstow, Big Bear, Big Bear City, Chino, Chino Hills, Colton, Crestline, Fontana, Grand Terrace, Hesperia, Highland, Joshua Tree, Lake Arrowhead, Landers, Loma Linda, Montclair, Morongo Valley, Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, Running Springs, San Bernardino, Twentynine Palms, Upland, Victorville, Yucaipa, Yucca Valley

Riverside County:

Anza, Banning, Beaumont, Bermuda Dunes, Blythe, Cabazon, Calimesa, Canyon Lake, Cathedral City, Cherry Valley, Coachella, Corona, Desert Hot Springs, East Blythe, East Hemet, El Cerrito, Glen Avon, Hemet, Highgrove, Home Gardens, Homeland, Idyllwild-Pine Cove, Indian Wells, Indio, La Quinta, Lake Elsinore, Lakeland Village, Lakeview, Mecca, Mira Loma, Moreno Valley, Murrieta, Murrieta Hot Springs, Norco, Nuevo, Palm Desert, Palm Springs, Pedley, Perris, Quail Valley, Rancho Mirage, Riverside, Rubidoux, San Jacinto, Sun City, Sunnyslope, Temecula, Thousand Palms, Valle Vista, Wildomar, Winchester, Woodcrest

San Luis Obispo County:

Arroyo Grande, Atascadero, Avila Beach, Baywood-Los Osos, Cambria, Cayucos, Grover Beach, Lake Nacimiento, Los Osos, Morro Bay, Nipomo, Oceano, Paso Robles, Pismo Beach, San Luis Obispo, San Miguel, San Simeon, Santa Margarita, Templeton

Kern County:

Arvin, Bakersfield, Bear Valley Springs, Boron, California City, Delano, Frazier Park, Lake Isabella, Lebec, Maricopa, McFarland, Mojave, Pine Mountain Club, Ridgecrest, Rosedale, Shafter, Taft, Tehachapi, Wasco, Wofford Heights

San Diego County:

Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas (Cardiff-by-Sea, Leucadia, Olivenhain) Escondido, Fairbanks, Ranch, Fallbrook, Imperial Beach, Julian, La Mesa, Lake San, Lakeside, Lemon Grove, National City, Oceanside (San Luis Rey), Poway, Romona, Rancho San Diego, Rancho Santa Fe, San Diego, San Marcos, Santee, Solana Beach, Hidden Meadows, San Diego County Estates, Spring Valley, Vista

Santa Barbara County:

Ballard, Buellton, Carpinteria, Gaviota, Goleta, Guadalupe, Hollister Ranch, Hope Ranch, Isla Vista, Lompoc, Los Alamos, Los Olivos, Mission Canyon, Mission Hills, Montecito, Orcutt, Santa Barbara, Santa Maria, Santa Ynez, Solvang, Summerland, Toro Canyon

 

If you searched for any of the following terms, you have found the right website:

Acquisitions, Agents, Arbitrations, Brokers, Business Opportunities, Dealer, Disclosure, Disclosures, Due Diligence, Franchise Acquisitions, Franchise Attorney, Franchise Consultants, Franchise Dispute, Franchise Disputes, Franchise Formations, Franchise Lawyers, Franchises, Franchising, Fraud, Law, License, Litigation, Mediations, Sales, Shareholder Disputes, Minority Shareholders

 



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