Duncan Cotterill

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Area of Expertise:Legal advice for franchisors and franchisees Locations Serviced:Office throughout New Zealand and in Sydney

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Visit Website Contact Details Duncan Cotterill Tel: 09 309 1948 Fax: 09 309 8275 Primary Contact Name: Chris Bradley Tel: 09 306 7510 Mobile: 021-899 509 Visit Website Send Email Close

About Duncan Cotterill

Need franchising legal advice you can trust? Look no further. Duncan Cotterill is an award-winning* commercial law firm with extensive experience in all aspects of franchising. As a full service firm with offices throughout New Zealand and in Sydney, we are uniquely placed to cater for all your franchising, as well as wider legal requirements.

Our franchising team, headed by Chris Bradley, acts for both franchisors and franchisees, and advises several large well-known chains. We have a long history advising the franchising industry and are actively involved with the Franchise Association of New Zealand as an Affiliate Member.

Recently recognised in the prestigious publication, The International Who’s Who of Franchise Lawyers 2009, Chris Bradley is among only four New Zealand lawyers to be invited to appear in the book, which features a total of 235 international practitioners. Chris is a member of the Franchise Association of New Zealand and also the International Franchise Lawyers Association.

Our work includes:

Franchisors

Preparation of franchise agreements and related documentation
Review and adaptation of franchise documents
Ongoing advice regarding franchisee recruitment and negotiation
Advice regarding disputes and interpretation, defaults and terminations
Advice on other needs of typical SMEs; e.g. structuring, financing, leasing and employment

Franchisees

Advice and assistance with business acquisitions and franchise documents
Set-up, structuring, leasing and financing
Dispute resolution – where we find that referrals to mediation often lead to the best result

Our Auckland office is conveniently located in the CPO building at 12 Queen Street, Auckland.
Please visit our website www.duncancotterill.com for other details.

We welcome your enquiries any time.

*Duncan Cotterill is proud to have received the Large Law Firm of the Year award at the 2008 New Zealand Law Awards. We also won the Specialist Award for Intellectual Property.

Duncan Cotterill Advice

What is franchising?

The concept of franchising as a way of doing business is sometimes misunderstood by the public. It is not to be confused with a situation where one party is simply licensed to carry out manufacturing or distribution within ...

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What is the full service franchise concept?

At the highest level, for the franchisor, it can be a very satisfactory way of expanding a brand by using the capital of others (the franchisees). At the same level for the franchisee it is a way of ensuring start up ...

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How are Intellectual Property Rights best protected in a Franchise System?

Intellectual Property (“IP”) is commonly the most valuable property a franchisor owns. The franchisor’s IP will typically include elements of branding such as trade marks, materials subject to copyright, ...

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What due diligence should I carry out before I purchase a franchise?

A "due diligence" clause in a sale and purchase agreement enables the purchaser to have a good look around the business in question before committing to buy. Ideally from the point of view of the purchaser, the clause ...

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Restraints of Trade

It is often claimed that restraints of trade are not worth the paper they are written on. Yet they are so important to protect key intellectual property. Are restraints of trade enforceable in ...

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What do the current uncertain times mean for the Franchise Industry?

A perfect storm in finance and share markets. Talk of franchise legislation in New Zealand and legislative review in Australia. Influential elections in New Zealand and the US are imminent. These are all very real threats ...

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Is it important to have an exclusive territory?

It depends. It depends upon the nature of the franchise business. If the business is particularly vulnerable to local competition, then an exclusive territory may be essential. It is often however argued (admittedly ...

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How long should a franchise term be ?

This is to a degree a two edged sword. Whilst bound to a franchise agreement there are obligations to perform, however like a lease a franchise agreement is generally better to be longer than to be shorter. In fact ...

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Why franchising?

It's a heady decision to go into business for the first time. Business ownership brings more responsibility, more risks, and usually more work than employees face, however successful business owners will tell you they ...

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What are the advantages of buying a franchise?

Buying a business can be a bit scary, exciting too. Particularly for a first timer. It is best though to make heady choices. Business ventures often fail through an over-estimation of ability, a lack of planning or a ...

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What should I check out before proceeding with a Franchise purchase?

Effective due diligence is so important before committing to buy anything. A house, a property, a car or any other purchase or commitment you make should be well researched first. A franchised business is however much ...

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The franchise agreement is so long and one-sided. What changes can we negotiate?

Because franchising relies on uniformity a franchisor cannot afford to allow changes to a settled document. It would be intolerable for a franchisor to have dozens of differing franchise agreements up and down the country. ...

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Duncan Cotterill News

Financing a franchise (19/05/2009)

The credit crunch has reduced access to venture funding. How will that likely affect the growth of franchise systems?

Structuring Considerations for a Move across the Tasman (14/05/2009)

New Zealand and Australia have a common heritage. We look much the same. We see the same brands in the market place. So it is quite surprising to many people just how far apart we are from a legal and regulatory perspective.

Doing business in New Zealand (13/05/2009)

International companies are starting to look afresh at prospective investments and ventures in New Zealand, particularly with the current exchange rate. What factors should you be mindful of when setting up in New Zealand?

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