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  • Franchise Disclosure Document | BUSCHKIN LAW FIRM

    Back Franchise Disclosure Document (FDD) The disclosure document typically used to comply with the Rule is called a Franchise Disclosure Document (FDD), which contains categories of information about the franchise's operations such as: required fees basic investment bankruptcy and litigation history of the company how long the franchise will be in effect a financial statement of the franchisor, and earnings claims. Before you invest in any franchise you should: (a) Get a copy of the franchisor’s Franchise Disclosure Document (FDD) (b) Receive the document at least 14 days before you are asked to sign any contract or pay any money to the franchisor or an affiliate of the franchisor (c) Get a copy of the franchisor’s FDD before you spend any money to investigate the franchise offering The cover of the FDD must provide information about the available formats. Make sure you have a copy of the FDD in a format that is convenient for you and keep a copy for reference. Most important items in the Franchise Disclosure Document (FDD) The International Franchise Association considers the six sections of the Franchise Disclosure Document to be critical pieces of information to help you evaluate a potential franchise for purchase: Item 7: Costs. Some of these costs are averages or estimates and may vary in your area. Talk to other franchisees who have been in the system for a year or more to see: (a) How much money they needed in the beginning until they became profitable. (b) How much they were able to draw from the business to support themselves. Item 11: Franchisor's obligations. Be sure you understand the services you will get before you open: (a) site selection (b) training (c) development assistance Be sure you know what services you will receive for your grand opening (marketing, advertising, field support) and what services you will receive after you begin operating your business (training, advertising, operations) Pay particular attention to those services the franchisor is obligated to provide and the services they may provide. Item 17: Renewal, termination, transfer, and dispute resolution. Take your time to understand what rights you will have and what rights you are giving up. Pay particular attention to any non-compete provisions and your obligations when the franchise relationship ends. Item 19: Financial performance representations. (a) Only 30 to 40 percent of all franchisors provide prospective franchisees with information about financial performance. (b) The next best thing to do is to talk to existing franchisees about sales and earnings potential. Item 20: Outlets and franchisee information. (a) Examine how many units the franchisor has taken back and resold. (b) If this number is high, this could indicate churning (when the franchisor takes back failed locations and markets them over and over.) (c) Pay attention to the contact information of the franchisees who have left the system, These are people you definitely want to talk to. Item 21: Financial statements. (a) Financial statements are the track record of the franchisor. You should be given copies of the franchisor's last three years' financial statements. (b) Take them to an accountant who specializes in franchising to evaluate. (c) Remember that the financial condition of the franchisor not only affects its ability to run a financially successful operation in the future, but it also determines whether it may go under and you will be left "holding the bag." (d) The two key financial statements to focus on are the balance sheet and the income statement. Make sure they are audited. Item 22: Contracts. Make sure that all the agreements listed are attached to the FDD-and read every one of them. Steps to Register a Franchise Disclosure Document (FDD) Under the franchise laws, a franchisor must issue and properly disclose Franchise Disclosure Document (FDD) before offering or selling a franchise. At the federal level and, in many states, there is no requirement to register an FDD. In the 13 states referred to as the franchise registration states, a franchisor must first register its FDD with the state franchise regulator before offering or selling a franchise in the state, these states are: - California - Hawaii - Illinois - Indiana - Maryland - Michigan - Minnesota - New York - North Dakota - Rhode Island - Virginia - Washington - Wisconsin In the 9 states referred to as the franchise filing states, a franchisor must first file a notice with the designated state regulator before offering or selling a franchise within the state, these states are: - Connecticut - Florida - Kentucky - Nebraska - North Carolina - South Carolina - South Dakota - Texas - Utah THE STEPS INVOLVED IN REGISTERING YOUR FDD OR FILING YOUR FDD AT THE STATE LEVEL, INCLUDE: STEP 1. Identify the State(s) Involved in the Franchise Sale – First, determine the state(s) that are involved in your franchise sale. Factors that you should evaluate with your legal counsel include: (a) the state where the franchised business will be established; (b) the franchisee’s state of residence, (c) any state where franchise sales activities/negotiations occurred, and (d) the state from which your franchise company operates. STEP 2. Determine each States Franchise Registration and Filing Status – Determine the FDD registration and filing status of the state(s) involved in your franchise sale. STEP 3. Register / File your FDD – You must include with your application: (a) Copy of your FDD (b) Payment for the state’s registration fee. Once the application is received it will be reviewed by a state regulator. Below is a summary of the franchise registration states, the franchise filing states, the state regulators involved, how long FDD registration takes, and the application process. FRANCHISE REGISTRATION STATES - California: your FDD must be registered with the California Department of Corp orations: - Hawaii: your FDD must be registered with the Business Registration Division of the Department of Commerce and Consume r Affairs ; - Illinois: your FDD must be registered with the Franchise Bureau of the Illinois Attorn ey General ; - Indiana: your FDD must be registered with the Securities Division of the Indiana Secreta ry of State ; - Maryland: your FDD must be registered with the Maryland Atto rney General; - Michigan: you must file a notice and register with the Michigan Secre tary of State ; - Minnesota: your FDD must be registered with the Securities Division of the Minnesota Departme nt of Commerce ; - New York: your FDD must be registered with the New York A ttorney General ; - North Dakota: your FDD must be registered with the North Dakota Secur ities Department ; - Rhode Island: your FDD must be registered with the Rhode Island Department of Bu siness Regulation ; - Virginia: your FDD must be registered with Virginia Corp oration Commission ; - Washington: your FDD must be registered with the Securities Division of the Washington State Department of Fin ancial Institutions ; and - Wisconsin: your FDD must be registered with the Securities Division of the Wisconsin Department of Fi nancial Institutions . If your primary trademarks are not registered with the United States Patent and Trademark Office (the “USPTO”) then you must also register your FDD in: - Connecticut: your FDD must be registered with the Connecticut Department of Banking ; - North Carolina: your FDD must be registered with the North Carolina Secretary of Stat e ; - South Carolina: your FDD must be registered with the South Carolina Secretary of Sta te ; and - Maine: You must register as a business opportunity with Maine’s Office of Securit ies . FRANCHISE FILING STATES For franchisors that have a federally registered trademark: the franchise filing states are: - Florida: an annual franchise exemption must be filed with the Florida Department of Agriculture and Consumer Serv ices ; - South Dakota: an annual notice must be filed with the South Dakota Dept. of Labor & Regulation ; - Utah: an annual notice must be filed with the Utah Division of Consumer protection ; - Connecticut: a one-time exemption notice must be filed with the Connecticut Department of Banking ; - Kentucky: a one-time exemption notice must be filed with the Office of the Kentucky Attorney General ; - Nebraska: a one-time exemption notice must be filed with the Nebraska Department of Banking and Finance ; - North Carolina: a one-time exemption notice must be filed with the North Carolina Secretary of State ; - South Carolina: a one-time exemption notice should be filed with the South Carolina Secretary of State ; - Texas: a one-time exemption notice must be filed with the Texas Secretary of State . The additional Filing States if you do not have a federally registered trademark: - Georgia: a one-time filing of a Consent to Service of Process with the Georgia Secretary of Sta te . - Louisiana: a one-time filing of a Consent to Service of Process with the Louisiana Secretary of St ate . HOW LONG DOES FDD REGISTRATION TAKE? Timing varies from state to state and FDD registration can take anywhere from 20 days to three months depending on the completeness of your FDD and the time of year it is filed. UNIFORM FRANCHISE REGISTRATION APPLICATION There is variation among the states regarding certain disclosure requirements and supplements to the NASAA forms. Generally, your franchise registration application will include the following forms: - Uniform Franchise Registration Application page with data on the franchisor; - Certification page or “signature page”; - Consent to Service of Process; - Sales Agent Disclosure Form and the new Franchise Seller Disclosure Form; - Supplemental Information Form; - Copies of all advertising or promotional literature proposed to be used in the state; - Two paper copies of the disclosure document; - An auditors’ consent; and - Application fee. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • EB2 | BUSCHKIN LAW FIRM

    Back Advanced Degree or Exceptional Ability This is an Employment Based green card category and is available to individuals who are a member of professions holding an advanced degree or those who have exceptional ability. This page deals with an EB-2 through the National Interest Waiver process The employer can petition but the applicant can also self petition. The first step in the process is to assess whether or not you qualify under the advanced degree criteria or Exceptional Ability. The National Interest Waiver category (NIW) requires proof that your work is of “substantial merit” and “national importance” and that you will be coming to the U.S. to continue the type of work you have been doing overseas, ensuring it continues to constitute “substantial merit” and “national importance”. In addition, it must be shown that the applicant's “prospective endeavor” in the U.S. is so important that using the traditional route of filing a labor application would be detrimental to at least a segment of the U.S. population. Requirements and eligibility DOCUMENTATION When you attend an interview at your local U.S. Consulate or Embassy for your immigrant visa, you will be asked to bring with you a number of documents. These may include the following: A passport that is valid for at least six months beyond the intended date of entry into the U.S. The confirmation page of the DS-260 (Immigrant Visa and Alien Registration Application) Two 2×2 photographs that meet U.S. Visa standards Any relevant immigration documents received after your petition was filed A letter from your employer confirming employment Completed Medical Examination and Proof of Vaccination Forms Marriage and birth certificates if you are interviewing with your family who will also come with you to the U.S. All documents submitted should be in their original form. These will be given back to you usually at the end of the interview. Application Process To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker. An NIW petition can be filed by an employer or can be a self petition. If the green card category is current for the applicant, the I-485 can also be filed at the same time as the I-140. In addition, the applicant can apply for work authorization and the ability to travel. The following evidence should be submitted with Form I-485: Two passport-style photos Copy of approval notice for Form I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended) Copy of Form I-797, Approval notice for I-140 Copy of birth certificate or other records of your birth Copies of all passport pages with nonimmigrant visas Evidence of final compliance with the 3 or 5 years service requirement to be submitted no later than 120 days after the completion of the service requirement (Evidence of compliance must be submitted at intervals while the I-485 is pending) Form I-693, Medical Examination and Vaccination Record Photocopy of the Form I-797 Approval Notices for all extensions and changes of status Photocopy of the Form I-20 or IAP 66 school records (front and back, including all school annotations) Applicable fees Form G-28, if you have an attorney representing your case Period of stay / Family These are green cards so as long as you meet the residency requirements and do not violate the terms of the visa you can keep them for life. Your spouse and children can all join in the green card process. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • Asylum & Refugee | BUSCHKIN LAW FIRM

    Back Asylum & Refugee Asylum may be granted to individuals already in the United States who are unable or unwilling to return to their home country because of persecution on account of race, religion, nationality, membership in a social group (including sexual orientation), or political opinion. If you are granted asylum, you will be allowed to live and work in the United States. You will be able to apply for permanent residency one year after you are granted asylum. Benefits of Asylum Individuals granted Asylum are protected from being returned to his or her home country and will be authorized to work in the United States. The greatest benefit is that after one year of obtaining approval, you may apply for lawful permanent resident status also known as applying for a green card. Furthermore, after four years have passed after obtaining your green card, you can proceed to apply for U.S. Citizenship Asylum vs Refugee Status While some people use these terms interchangeably it’s necessary to point out that there are in fact distinct differences. First of all, they are both considered protections to foreign individuals who feel their safety is in jeopardy if they return to their home country. Those who are currently outside the United States, they should apply for refugee status Those who are already in the United States either through a visa or illegal methods, should seek asylum status. Both of these options, if approved by the government, would permit an individual to stay in the country indefinitely. Requirements & Eligibility ELIGIBILITY To be eligible for an Asylum Green Card, you must satisfy four conditions: You must have been physically present in the United States for at least one year. You must continue to meet the definition of a refugee. You must not have resettled in any other country, and You must not be deemed inadmissible. PERSECUTION MUST BE CONNECTED TO A PROTECTED GROUND It is important to understand that being a victim of violence in a country considered to be unsafe because of general violent conditions, civil strife, or war will likely not be enough to succeed on an asylum claim. Instead, the persecution suffered or feared to be suffered must be on account of race, religion, nationality, membership in a particular social group, or political opinion. In these cases, evidence should include that the group exists, and that individuals in the group share characteristics that are unchangeable and are recognized as socially distinct in a relevant society. Examples of evidence that helps focus on demonstrating persecution focused on a claimed group may include: In gender-based claims, evidence of social norms that prevent group members with the same gender from severing legal or social ties with a spouse or partner. Evidence of the unwillingness of government institutions or families to protect members of a particular group through the police or court system. Evidence of the unwillingness of the government to provide assistance, including through relocation, of members of a particular group. Evidence of widespread and tolerated violence against certain groups. These types of evidence potentially serve to prove that a group shares unchangeable characteristics that are recognized within the society the group lives within and whose shared characteristics form the basis of the persecution. PERSECUTION DISQUALIFYING FACTORS An Applicant must file the Asylum Application within one year of having arrived in the United States. There are certain exceptions that will allow for filing of the application past the one-year deadline. For most of these delays caused by the applicant, the clock will be stopped until the next interview date except for failing to appear at an interview or failing to appear in person to receive and acknowledge the decision. In the cases where an applicant is required to appear to receive the Asylum application and the applicant fails to appear to receive the decision, the clock will stop until the case is referred to the Immigration Court where it will restart at the first hearing before the Immigration Judge unless the applicant causes another delay. Certain past acts may also disqualify an applicant from Asylum relief. These acts include convictions for particularly serious crimes suck as commission of a serious non-political crime outside the United States, acts that create a reason or reasons to believe that the applicant is a danger to the security of the United States and participation in terrorist activities or persecution of others. Application process FILING FOR PERMANENT RESIDENCE (GREEN CARD) You may apply for a Green Card one year after being granted asylum. To apply for a Green Card, file a Form I-485, Application to Register Permanent Residence or to Adjust Status. You must submit a separate I-485 application packet for yourself and, if applicable, for each family member who received derivative asylum based on your case. In order to be eligible for a Green Card as an asylee, you must meet the following requirements: You properly file Form I-485, Application to Register Permanent Residence or Adjust Status; You are physically present in the United States at the time you file your Form I-485; You have been physically present in the United States for at least one year after you were granted asylum; You continue to meet the definition of a refugee, or to be the spouse or child of a refugee; You have not firmly resettled in any foreign country; Your grant of asylum has not been terminated; You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and You merit the favourable exercise of discretion. Period of Stay and Family Asylum ultimately results in a green card so it does not have an expiration and is granted for an indefinite period. However, a beneficiary of Asylum status can lose status if one of the following circumstances occur: USCIS determines that the Asylum application was based on fraud. The Asylum beneficiary committed an act that violates Immigration Law that subjects the beneficiary to removal from the United States. The Asylum beneficiary no longer meets the definition of a refugee. The Asylum beneficiary has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. The Asylum beneficiary constitutes a danger to the community of the United States, if convicted of a particularly serious crime. The Asylum beneficiary Committed a serious non-political crime outside the United States prior to arriving in the United States. The Asylum beneficiary is a danger to the security of the United States, including terrorist activity. The Asylum beneficiary may be removed, to a country (other than the country of the applicant’s nationality or last habitual residence) in which the applicant’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, where the applicant is eligible to receive asylum or equivalent temporary protection; The Asylum beneficiary Has voluntarily availed himself or herself of the protection of the country of nationality or last habitual residence by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country; or Asylum beneficiary Has acquired a new nationality and enjoys the protection of the country of his new nationality. A Spouse and children under 21 years of age who are present in the United States can obtain Asylum status with the Applicant’s primary Asylum application. If the spouse and children are outside of the United States, after approval, the Asylum Beneficiary can petition for the family seeking status filing form I-730 within 2 years of obtaining Asylum protection status Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • E2 Visa | BUSCHKIN LAW FIRM

    Back E2 - Treaty Investors There are many ways to live and work in the U.S. However, the E-2 represents one of the few ways to build your own business as a foreign entrepreneur. The process of obtaining this visa is relatively uncomplicated compared to popular visas like the H-1B, but qualifying is a different story. Find out what you need to be eligible for the E-2 treaty investor visa. E-2 treaty investor visas are non-immigrant visas reserved for foreign entrepreneurs of countries that have a Treaty of Trade and Commerce with the U.S. Essentially what this visa does is enable the foreign investor to develop or carry out the investment/ trade activities of the business. Processing times and Period of Stay/Extension of Stay An E-2 visa is a very document-intensive petition. In addition to a number of government forms, the visa requires the submission of a binder full of documentation that is often quite lengthy. Once the documentation is prepared, the processing time depends on the processing time at the consulate that is located in the applicant’s country. This could range from 3 weeks to 3 months (or longer). Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay in, or changes of status to, E-2 classification may be granted in increments of up to two years each. There is no limit to the number of extensions an E-2 non-immigrant may be granted. All E-2 non-immigrants, however, must maintain an intention to depart the United States when their status expires or is terminated. An E-2 non-immigrant who travels abroad may generally be granted, if determined admissible by a U.S. Customs and Border Patrol Officer, an automatic two-year period of readmission when returning to the United States. Requirements & Eligibility YOU MUST BE A NATIONAL OF A TREATY COUNTRY Only available to people from the countries that the U.S. has a Treaty with. Many Western countries are on the list but there are also countries from Africa, Asia, and the Middle East on the list . YOU MUST HAVE INVESTED OR BE ACTIVELY IN THE PROCESS OF INVESTING IN THE ENTERPRISE In order to satisfy this part of the test, you must fulfil three requirements. Show Legitimate Possession and Control of the Funds Must invest funds that you have obtained by lawful means Must prove to the government that you either saved the money, were given the money as a gift, or legitimately earned the money To prove this you need tax returns, bank statements, investment accounts, and more All Funds Invested Must Be “At Risk” and Irrevocably Committed All of the assets invested must be personal assets subject to risk of loss Loans are fine but you must be on the hook if there is a loss and this requirement forces you to sign contracts and/or spend money prior to the approval of the Visa At-risk money does include credit card debt or other loans as long as those debts are not secured by business assets or in the name of a limited liability business You Must Be Close to Starting the Business The U.S. government does not want to approve Visas for people who “may” set up a business in the U.S. or who have a “desire” to start a business Must be at the start up ready phase Should have a signed lease Business bank account should be set up Should have a website Should have purchased whatever you need to get the business up and running YOU MUST BE IN A POSITION TO “DEVELOP & DIRECT” THE BUSINESS WITH SKILLS You must be the one that is going to direct and run the business Must have the appropriate skill set such that the government has faith that the business will be viable Educational background and experience should suggest that you will be in a position to make the business a success YOUR INVESTMENT MUST BE SUBSTANTIAL Investment could be as low as $15,000 or as high as millions Idle cash sitting in a business account is NOT considered an investment, but the government will consider a reasonable amount of working capital as part of an investment Make sure to keep records of all of your expenditures since the government will want to see them A substantial amount of capital is: Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial. A bona fide enterprise refers to a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction. YOUR INVESTMENT & BUSINESS CANNOT BE MARGINAL Business cannot be set up so that it provides a means of living just for yourself and your family Put together a business plan that shows growth over a 5-year period or by showing that you plan to hire employees in the future. YOU MUST INTEND TO RETURN TO YOUR HOME COUNTRY AFTER EXPIRATION OF THE E-2 VISA Sign a document that indicates you plan to return home once your visa expires You do not have to show any ties to your home country Application Process There are two ways you can apply for an E-2 visa. These are described below. APPLYING FOR AN E-2 VISA WHILE IN THE U.S. (CHANGE OF STATUS) Step 1: While having another type of VISA, you can file a petition to change status to an E-2 visa with the United States Citizen and Immigration Services (USCIS). Step2: The I-129 form you must file is the same form filed for many other non-immigrant visas (e.g. H-1B), and you would also complete the E-2 visa supplement. Step 3: This petition is document-intensive, and you must provide documentation to support all of the elements outlined in the E-2 visa requirements. Change of status does NOT permit you to re-enter the country the way an E-2 visa would Step 4: E-2 status is typically granted for a 2-year period. if you have dependents on your visa that are also in the U.S. (e.g. H-4) and you want to change their status, you must also file a Form I-539 APPLYING FOR AN E-2 VISA AT A CONSULATE (AN E-2 VISA) Step 1: If you are outside of the U.S., you must file a DS-160, a long application that is completed online. You must also complete a DS-156E supplement. Step 2: The documentation that you must provide is generally the same as the documentation required to file within the U.S. with USCIS. The consulate may impose some additional, specific procedural requirements. Step 3: E-2 visas are typically granted for between 2 & 5 years, and you are permitted to leave and enter the U.S. whenever you like. If you have dependents, separate DS-160 applications must be completed for them. A FEW THINGS TO CONSIDER WHEN DECIDING If you have been granted a change of status and leave the U.S., you must qualify for an E-visa at a consulate before re-entering. You must reapply for the E-2 from scratch and submit all supporting documentation as if the application were a new one. If you are in E-2 status as a result of a change in status, this fact will not speed up your consular adjudication or otherwise expedite your E-visa application at a consulate. Consular E-visas can be issued for 5 years whereas USCIS will only issue E-2 status for 2 years. Note that this could be particularly relevant in light of the marginality requirement of the E-2 visa. Convert E-2 visa to Green Card While no US non-immigrant visa automatically leads to a Green Card some of the common options include: E-2 AND EB-5 INVESTOR VISA PROGRAM This strategy enables an E2 investor to move to the US immediately on their E2 visa but to have the option of leveraging their US business to obtain a “green card” over the longer-term. DIRECT EB-5 If your E-2 business becomes large enough and employs enough people, it may be eligible for a Direct EB-5 visa. The minimum investment amount is $900,000 and the required number of jobs is ten. You must carefully consider the location of your business because only investments in Targeted Employment Areas are eligible for the lower $900,000 investment amount. Outside of these areas, the requirement capital doubles to $1.8 million. REGIONAL CENTER EB-5 Tying E-2 business to the requirements of the EB-5 program can be commercially restrictive, many people who pursue a Green Card from E-2 through EB-5 prefer to invest with a Regional Center instead. For example, it can be a challenge to maintain headcount to meet the EB-5 rules. Failure to do so can put your Green Card at risk. E2 AND EB1(C) FOR THE INTERNATIONAL MANAGER OR EXECUTIVE You must be a business in your home country with a qualifying relationship to your US E-2 Business and have worked at the overseas company for at least one of the three years immediately prior to moving to the United States on your E-2 Visa. You must also demonstrate an “intent to depart” when you apply for your E-2 Visa, which can conflict with plans to obtain a Green Card under EB-1c. It is vital you discuss your options with an immigration attorney at the beginning of the process. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • Restaurant Law | BUSCHKIN LAW FIRM

    Back RESTAURANT LAW The restaurant industry is an essential part of the economy in New York and New Jersey, if you own one or more restaurants in New York and New Jersey, you understand the complexity of state and federal laws governing the restaurant industry. Failure to stay in compliance with these regulations can result in your inability to operate your restaurant for a period of time, lawsuits, or even the closure of your restaurant, which is why a business law attorney knowledgeable in restaurant law at your side is essential. At Buschkin Law Firm, we understand the competitive and fast-paced nature of the restaurant industry in New York and New Jersey , we are prepared to help you navigate any legal issues that arise. We understand how time-consuming owning a restaurant is for our clients, we stay on top of all developing state and federal laws affecting business owners so our clients don’t have to do so. As long as the Food Safety Modernization Act and others are created and applied, we stay abreast of developments and advise our clients on the practical impact these laws will have on the restaurant business. FRANCHISING IN THE RESTAURANT INDUSTRY If you’re considering purchasing a restaurant franchise or would like to franchise your restaurant, working with an experienced attorney is essential. With Buschkin Law Firm on your side, you can rest assured that your personal and business interests will be represented and protected. We can help you draft your franchise or dealer agreement in a way that protects you and your investments. Our law firm can also help you resolve any legal disputes that may arise during the franchise process. We understand the unique pitfalls that can occur in the franchise industry. We use our experience to look for cutting-edge solutions for franchisees and dealers in the restaurant industry, both in and out of court. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • Real Estate Law | BUSCHKIN LAW FIRM

    Back REAL ESTATE The Power Of Experienced Litigators In matters of real estate litigation and title insurance claims, having well-informed, experienced real estate attorneys at your side gives you a distinct advantage. Buschkin Law Firm has substantial experience in every facet of real estate litigation, title insurance claims, and title defence litigation. Buschkin Law Firm understands real estate law and the intricacies of commercial and residential real estate transactions. Whether the solution to a dispute lies inside or outside the courtroom, we work diligently to advocate our client’s position and reduce their exposure. When litigation is unavoidable, we are by your side ready to bring our legal knowledge and expertise to bear, finding the solution that is best for you. Real estate litigation generally refers to any dispute arising from a real property interest. We advise and represent clients on all aspects of real estate litigation and contractual disputes and help clients evaluate the legal and business issues that impact real estate contracts. We have a great deal of experience in handling diverse and complex litigation and contractual disputes, and in achieving successful outcomes. General Real Estate Practice Buschkin Law Firm has technical skills and, equally important, a practical orientation regarding business advice, the structuring of transactions and contract negotiations. Our experience relates to a broad spectrum of real estate asset types, including equity, debt and leasehold interests, and various property types, including office, multi-family, condominiums, shopping centers, hotels, hospital and health care facilities, storage facilities, industrial and warehouse properties and mixed-use developments. We can help you in commercial and residential development, joint venture transactions, sales, acquisitions, construction and permanent financings, "big box" leasing and commercial office and retail leasing transactions. We also can help you with workouts, loan restructurings and asset acquisitions on behalf of lenders and borrowers, and in matters involving condominiums and cooperative housing corporations. During times of market uncertainty and legislative change, the real estate sector offers significant opportunities for companies that can target and manage potential risks. Strategic legal counsel based on a clear-eye assessment of market realities can help owners, developers, and investors reap the rewards of a volatile market. Buschkin Law Firm provides comprehensive and fully integrated services, we advise on the full range of sophisticated real estate transactions and construction projects, with a strong focus on portfolio transactions, complex and alternative financings, large-scale development and redevelopment projects, and high-stakes dispute resolution. We offer cogent counsel on all aspects of real estate transactions, from acquisitions and financings to leasing and sales, and help clients navigate and comply with shifting environmental regulations. In addition, should a dispute arise, we vigorously litigate on our clients’ behalf. New York and New Jersey Residential Real Estate Attorney Real estate is an integral part of the economy in the New York Metro Area, there is a lot at stake in real estate transactions throughout New York and New Jersey . Our clients trust our services and rely on us to protect them at every stage of a transaction. If you plan to buy or sell a home or property in NYC or surrounding areas anytime soon, you will want to work with an experienced new York and New Jersey residential real estate lawyer. Hiring an attorney who specializes in New York and New Jersey real estate can protect your rights, make the process easier by ensuring that all contracts and documents meet legal requirements, and identify any potential problems with the agreement to prevent future legal complications. Buschkin Law Firm can help you in the following ways: We help you review and prepare all information related to your purchase. This involves interpreting real estate laws, regulations, and policies, as well as developing specific contracts and agreements. When buying or selling real estate, you will come across a lot of new information, and some of it may be confusing. A lawyer can help you understand the language of the real estate world, facilitate the transfer of titles and funds, ensure you meet your contractual agreements, and prevent you from facing surprises at closing. In addition to being knowledgeable about the real estate industry, Buschkin Law Firm can also help you feel secure in your specific investment. By entering a deal with legal representation, you’ll have a knowledgeable, skilled advocate who can identify any risks associated with this acquisition, protect your interests, and deliver the best possible outcome in your case. Buschkin Law Firm is not only valuable for our legal knowledge but also our negotiation skills, in and outside of the courtroom, we can help you during the deal-making process ensure you achieve a contract that minimizes risk and maximizes reward. What we offer Buschkin Law Firm handles complex and challenging matters for a wide array of clients, such as the owners, developers and financiers of the largest real estate projects, both in the private and public sectors. We are skilled in a broad spectrum of transactions that includes: Real estate finance Development Sales and acquisitions Land use and environmental matters Leasing Distressed asset workouts Real estate matters may require a range of services and present varied challenges. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • Area Development Agreements

    Back AREA DEVELOPMENT AGREEMENTS Area Development Agreements provide a special challenge: What are the “criteria” that must be met in order to keep to the development schedule? What happens to existing locations if the remaining schedule is not met? Will they have protected areas and if so, what will they be? If a default occurs with respect to one of your units, will it affect your other (non-defaulting) units or not? Who will be obligated with respect to the Development Agreement and what will the extent of responsibility be? With our help, you can address all these and other issues in your Area Development Agreement. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • Selling a Franchise

    Back SELLING A FRANCHISE We will consult with you about the structure and, if desired, business aspects of your transaction. We'll prepare the selling agreements and other closing documents. We'll negotiate with your landlord, buyer's attorney and the franchiser to ensure that you get everything in order before signing on any dotted lines. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • Dispute Resolution

    Back DISPUTE RESOLUTION (LITIGATION, ARBITRATION AND MEDIATION) We are committed to working with you, even when negotiations between franchisers and franchisees break down. We believe in mediation, if the parties agree that this is an option for them, then we will do our best at getting their dispute resolved through peaceful means of discussion without any fighting or angering one another along way. When disputes are not resolved, we will arbitrate or litigate on your behalf. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

  • Franchise Law | BUSCHKIN LAW FIRM

    Back FRANCHISE LAW Whether taking a proactive role in helping clients to prevent future disputes, representing members of an organization in a corporate dissolution, or handling complex business litigation in a state or federal court – Buschkin Law Firm prides itself on providing clients with uncompromising advocacy and respected professionalism in all aspects of legal representation. If you are looking to buy a franchise, then caution should be exercised before leaping into the opportunity so as to avoid potential risks. Understand the commitment you are undertaking and your rights and obligations as a franchisee. Buschkin Law Firm can help in all aspects of franchise law. If you are a potential franchisee, your business documents are key. Therefore, it is critical to ensure that they are valid, comprehensive and fair before you make a purchase decision. At Buschkin Law Firm, through meticulous contract review and negotiation, we will work to protect your interests. The trademark is the cornerstone of what you are buying with a franchise investment. Our Firm will check that the trademark is a live, valid, federally registered trademark. This process involves checking state records to ensure there will be no trademark infringement claim brought against you. We will also learn about the background of the people and company along with the franchisor’s litigation and bankruptcy disclosures, among other records. In addition, we will review the terms of the franchise agreement and explain the franchisor’s obligations to the franchisees and vice versa. At Buschkin Law Firm, we are prepared to put our experience and insight to work for you as you enter into the world of franchise ownership. Franchise law encompasses rules and regulations at both the state and federal levels. It is essential to have someone on your side who understands this complex network and the impact these laws may have on your business venture. When you come to us, we will provide comprehensive, personalized representation at every stage of the process. This includes setting up your legal entity for you and helping negotiate the commercial lease for your business. Franchise Disclosure Document Read More Franchise Rule Read More Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US SERVICES SETTING UP A FRANCHISE SYSTEM Read More FRANCHISE DISCLOSURE ISSUES Read More BUYING A FRANCHISE Read More SELLING A FRANCHISE Read More FRANCHISEE ASSOCIATIONS Read More DISPUTE RESOLUTION Read More AREA DEVELOPMENT AGREEMENTS Read More PROTECTED MARKETING AREAS Read More REAL ESTATE ASPECTS OF FRANCHISING Read More STRUCTURING BUSINESS ENTITIES Read More

  • Health Surrogates | BUSCHKIN LAW FIRM

    Back Comprehensive Healthcare Surrogate Estate Planning Services We know how important it is to have a health care surrogate in place before the time comes when one is needed. WHAT IS A HEALTH CARE SURROGATE? A health care surrogate is a third party who has been named in advance to make medical decisions on your behalf if you are unable to make those decisions yourself. The term can also be used interchangeably with “health care advanced directives,” “advanced health care directives,” or “health care power of attorney.” When appointing a health care surrogate, it’s very important to choose someone who is attentive, trustworthy, familiar with your medical wishes in various health-related scenarios, and capable of making difficult medical decisions. WHY DO I NEED A HEALTH CARE SURROGATE? Emotions run high during times of medical emergency. Families often have strong feelings about what should happen to their loved ones. If you were to suddenly fall ill, a legal document naming your health care surrogate could help eliminate any confusion about who is responsible for making decisions about your medical care. This will spare your family members from arguing (and in some cases even going to court) over who should be tasked with making difficult decisions regarding your well-being. The written document appointing a health care surrogate is especially important when you have internal family conflict or if you are bypassing family members to appoint a non-family member or companion to serve as your health care surrogate. You may want someone to have access to your medical information immediately, even if you are fully able to make your own decisions. In this way, your surrogate can be fully informed of your medical condition if, at some point in time, the doctors determine that you are unable to make your own decisions for medical care. A properly drafted health care surrogate can add that provision. The final decision on care always remains with you unless the doctor states that you cannot make a decision. We can help you with your advanced health care directive, ensuring that your wishes will be honored in any eventuality. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

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