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ASCO Agmen-Smith Lawyers

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ASCO Agmen-Smith Lawyers
Tel: 0 9 308 8070
Fax: 0 9 379 3244
PO Box 3695
Auckland
Primary Contact
Name:  Miles Agmen-Smith
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ASCO Agmen-Smith Lawyers

Area of Expertise:Commercial LawLocations Serviced:AucklandServices:Providing advice on export and importation of franchise systems, assisting in legal compliance, drafting of franchise documentation, protection of intellectual property

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Contact Details
ASCO Agmen-Smith Lawyers
Tel: 0 9 308 8070
Fax: 0 9 379 3244
PO Box 3695
Auckland
Primary Contact
Name:  Miles Agmen-Smith
Visit Website Send Email
Close
About ASCO Agmen-Smith Lawyers
ASCO Agmen-Smith Lawyers

At ASCO Agmen-Smith & Co franchising is our passion. We are a boutique law firm located in the heart of Auckland’s CBD and are headed by Miles Agmen-Smith. Miles has many years experience in providing advice to both franchisors and franchisees and is currently the chairman of the Franchise Association of New Zealand Inc.

We act for both franchisors and franchisees (small and large) and pride ourselves on providing our clients with personalised and efficient professional service.

We are experienced in:

- Providing advice on the export and importation of franchise systems and conversion of offshore agreements to meet New Zealand standards/requirements

- Assisting both franchisors and franchisees in legal compliance (e.g. Fair Trading and OSH requirements and compliance with FANZ codes)

- Drafting of franchise documentation, including franchise agreements and disclosure documents

- Protection of intellectual property including name availability searches and trade mark registrations

- Acting on both sales and purchases of franchise businesses

- Assisting in respect of any franchise disputes

- Review and updating of franchise documentation

- Drafting of ancillary documents including terms of trade, supply agreements and shareholder agreements
 
We also provide our clients with a full range of supporting services to meet their commercial needs including; drafting of employment documentation and general employment advice, business restructuring, asset protection including establishment and administration of family trusts, estate and succession planning.
 
We have a large number of contacts in the franchise world and can put our clients in touch with professionals to assist them in growing and developing their business.
 
So if you are thinking of franchising your business, of purchasing or selling an existing business or need your franchise documentation reviewed or have any other need in relation to franchising - contact us, we would love to help.
 
For new clients we offer a half hour free initial consultation to enable us to ascertain your needs and to identify how best we can help you.

ASCO Agmen-Smith Lawyers Advice

Can I negotiate a franchise agreement or is it take it or leave it? 
Can I negotiate a franchise agreement or is it take it or leave it?
Your ability to negotiate the terms of the franchise agreement depends largely on your bargaining position. If the franchise system has been in existence for a long period, has numerous franchisees and is sought after ...
Enquire
I am looking to buy a franchise, what do I need to do? 
I am looking to buy a franchise, what do I need to do?
The first thing you need to do is contact the franchisor, who after confirming your interest and agreeing on your potential as a franchisee will provide you with the franchise documentation; including the franchise agreement ...
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Why do I need a specialist franchising lawyer? 
Why do I need a specialist franchising lawyer?
An experienced franchise lawyer will have seen and reviewed many franchise agreements and disclosure documents relating to many different franchise systems. They will also have had experience in helping franchisors ...
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What should I expect to see in a franchise agreement? 
What should I expect to see in a franchise agreement?
The franchise agreement sets out the terms and conditions of your relationship with your franchisor. It is usually quite one sided in that you will have many more obligations than the franchisor. This is necessary because ...
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What if I want to exit the franchise business before the end of the term? 
What if I want to exit the franchise business before the end of the term?
Most franchise agreements are for a set term and only allow you to exit the franchise business before the end of the term by selling your interest in the business to another person. You will therefore be required to find ...
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Do I really need to give my franchisees a territory at all and if so what should they get? 
Do I really need to give my franchisees a territory at all and if so what should they get?
The answer to this question is dependant on a number of factors. The first is the nature of the particular franchise system, the size and type of market in which the franchises will be operating, and the business model ...
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I am l looking at franchising my business, what should I do? 
I am l looking at franchising my business, what should I do?
Not all businesses are franchisable so the first step is to establish if yours is suitable. A franchise consultant and/or an experienced franchise lawyer will be able to assist you in deciding whether it is possible to ...
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I am looking at exporting my franchise system overseas, what should I do? 
I am looking at exporting my franchise system overseas, what should I do?
The first thing to do is to decide which overseas market you would like to target first. Many New Zealand franchisors initially go to Australia because of its proximity and general similarities with New Zealand culture. ...
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My franchisee is not complying with the franchise agreement - what should I do? 
My franchisee is not complying with the franchise agreement - what should I do?
Your course of action when faced with a non-compliant franchisee largely depends on the how serious the non-compliance is. The first thing to do is to review your franchise agreement, which will specify the procedures ...
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What is a franchise advisory council and do I need one? 
What is a franchise advisory council and do I need one?
A Franchise Advisory Council normally contains a small number of franchisees who represent all franchisees within a system and a small number of representatives of the franchisor. Members meet from time to time to discuss ...
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Are Events Affecting New Zealand Businesses? Should Business Owners be Taking Action? 
Are Events Affecting New Zealand Businesses? Should Business Owners be Taking Action?
The world is being shaken by changes and problems. Some are new developments, some are old issues rearing their head again. They impact on franchising at all levels, both in the positive and the negative. Increased ...
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Conflicts: Are they increasing? What should you do? 
Conflicts: Are they increasing? What should you do?
A continuing first round issue we experience is that parties where there is an element of conflict do not listen or do not try to understand what the other side is saying until a third party forces them to. Unless and ...
Enquire

ASCO Agmen-Smith Lawyers News

 
New Law Needed for Franchise Sector - ASCO (9/05/2008)
The law needs to be changed to provide more protection for people investing in franchised businesses, the Franchise Association of New Zealand (FANZ) says.
 
Franchising Legislation Possible (8/05/2008)
The Government was considering legislation to regulate the franchise industry following recent heavy media publicity about difficulties relating to a home services franchise, said Miles A Agmen-Smith of ASCO Agmen-Smith ...
 
Australian government picks ASCO (8/11/2006)
AUSTRADE (the Australian Federal Trade organisation) and the Queensland Government have recruited Miles Agmen-Smith together with a well-known Auckland franchise consultant to travel to Brisbane this month.
 
Thailand delegates meet with ASCO (8/11/2006)
Delegates from Thailand’s Department of Business recently met with Miles Agmen-Smith from ASCO.
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