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MacDonald Pilcher Partnership

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MacDonald Pilcher Partnership
Tel: 0 9 307 3324
Fax: 0 9 307 3325
92 Parnell Road
Parnell
Auckland
Primary Contact
Name:  Rory MacDonald
Tel: 09 3073324
Mobile: 0274798190
Fax: 09 3073325
Visit Website Send Email
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MacDonald Pilcher Partnership

Area of Expertise:Franchise and Business Law for franchisors, franchisees and all business owners. Date Established:April 2000 Locations Serviced: We are a Franchise Lawyer in Auckland, but service all of New Zealand including Wellington, Christchurch, Dunedin, Queenstown, Hawkes Bay, Waikato, Bay of Plenty. We have clients worldwide particularly in Australia. We often help Australian Franchisors move in to the NZ market and NZ Franchisors move into the Australia Market. Membership:FANZ; NZ Law Society, Auckland District Law Society; Parnell Inc. (current Chairperson) Previous & Current Clients:Franchise and non-franchise businesses and their owners. For example: Civic Video; Muffin Break; Target Furniture; Dunkin Donuts; Exceed Maintenance; PORSE Childcare; Cleantastic; Select Cleaning; Adam Parore Mortgages; Compass Communications; Kitchens by Design; Bizzone; Graffiti Guard; Easiyo; Designer Direct; Dream Doors; Spouting on the Spot; UltraScan; Hotondo Homes (NZ) Services:Legal and practical advice delivered in timely, cost effective down to earth way. Advising franchisors and franchisees for the full life cycle of franchisor and franchisee businesses, writing and reviewing franchise NZ and Australian franchise agreements and disclosure documents; review and adaptation of international franchise documents for NZ; commercial leases; employment and contractor law advice and agreements; shareholders agreements; business sales and purchases; intellectual property licensing; customer, distributor and supplier terms of trade; all general legal services including personal wills, trusts and conveyancing

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Contact Details
MacDonald Pilcher Partnership
Tel: 0 9 307 3324
Fax: 0 9 307 3325
92 Parnell Road
Parnell
Auckland
Primary Contact
Name:  Rory MacDonald
Tel: 09 3073324
Mobile: 0274798190
Fax: 09 3073325
Visit Website Send Email
Close
About MacDonald Pilcher Partnership
MacDonald Pilcher Partnership

MacDonald Pilcher Partnership is a well established New Zealand law firm providing specialist franchise legal services to prospective and existing franchisors and franchisees in New Zealand and internationally. We are one of the few law firms in New Zealand that truly specialise in franchising.

Rory MacDonald and Sarah Pilcher have over 30 years experience in franchise advice between them. We deliver practical, timely, cost effective legal services.

 

We have a common sense practical approach and provide well structured advice and documentation tailored to your specific needs. While we specialise in franchise advice we offer all business and commercial law services including trusts, property, intellectual property, mergers and acquisitions, shareholders agreements and terms of trade.

 

The firm acts for many of New Zealand’s home grown franchise systems both locally and internationally, and for a number of overseas systems that have entered the New Zealand market. We also act for many franchisees and master franchisees as well as for non-franchise businesses on all business and commercial matters.

 

We enjoy strong relationships and referral networks with the franchise community, including major banks, accounting firms, and franchise consultants.

 

We are conveniently located in Parnell with parking available.

 

Please visit our website for full details by clicking the link to the right.

MacDonald Pilcher Partnership Advice

How much does it cost to have a franchise agreement reviewed by a lawyer? 
How much does it cost to have a franchise agreement reviewed by a lawyer?
The cost will depend on a number of things and we cannot speak for other lawyers, but costs can run from between $700 - $900 + GST for the most simple review, through to $3000 - $5000 + GST for more complex or higher ...
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Does a potential franchisee have any ability to seek alterations to a franchise agreement before signing the agreement? 
Does a potential franchisee have any ability to seek alterations to a franchise agreement before signing the agreement?
  It is advisable for potential franchisees to engage a lawyer, experienced in franchise law, to review a franchise agreement before signing the agreement.  A bulletpoint summary of all the main provisions of ...
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When a franchisee wants to sell their business 
When a franchisee wants to sell their business
If it is important to you as a franchisor to have the best operators running and being accountable for a business promoting your brand or products then you should be just as committed to selecting the right people as ...
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The money side of things 
The money side of things
Many people talk about franchising as using other peoples capital to grow your business. This is not entirely accurate. Your core business will not really grow unless you are a manufacturer or importer of products and ...
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The Franchisees 
The Franchisees
Selling and marketing franchises. A potential franchisee has many options, there are a lot of franchised and non-franchised businesses for sale in your price bracket. Do not make financial and performance claims ...
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What will you need to do? 
What will you need to do?
Change your role from that of successful business owner and operator, to that of franchisor. It is a new job. It is a head office. Identify and capture the methods, standards, training, procedures and bundle them up ...
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Potential advantages & disadvantages 
Potential advantages & disadvantages
The good: A method of expansion for your brand, or product/service distribution network. Can reduce the drain on capital outlay – i.e you don’t have to establish new retail premises or fund vehicles, staff etc. ...
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Practical issues and considerations 
Practical issues and considerations
Would you be a good franchisor? Could you treat franchisees with respect, as business partners? Can you deliver on promises and not try to hide your mistakes? Can you stay motivated to keep developing and growing ...
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So you're thinking of franchising? 
So you're thinking of franchising?
Why? You have a successful business, or potential business concept. You think it can be replicated and operated by independents. Company owned and managed outlets are not performing. You want to grow your brand ...
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Can a franchisor be held liable for the actions of a franchisee? 
Can a franchisor be held liable for the actions of a franchisee?
So long as the franchisee conducts its business in a way that clearly indicates to third parties it is an independent operation then the franchisor cannot be liable for the actions of a franchisee. For example, if ...
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Seeing professional advisors - lawyer, accountant 
Seeing professional advisors - lawyer, accountant
It is strongly recommended (and in some countries compulsory) to speak to a lawyer with a background in franchising to have the meaning, obligations and risks of the franchise agreement explained to you. This should result ...
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Buying an existing franchise 
Buying an existing franchise
Buying an existing franchise business is different to buying a non-franchised business, and different to simply signing a Franchise Agreement then starting a new franchise business yourself. (Note buying a company or ...
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The Franchise Agreement 
The Franchise Agreement
A typical Franchise Agreement can easily be 30 to 50 pages long, they are specialist and complex documents. The Agreement may seem one sided in favour of the Franchisor. This is normal to ensure the franchise system ...
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Is buying a franchise right for you? 
Is buying a franchise right for you?
POTENTIAL ADVANTAGES: Usually no previous experience needed in owning a business or in the particular type of business. You are given use of established brand, buying power and marketing resources at a level out ...
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What is Franchising? 
What is Franchising?
The right to use a business model and trade mark combined with the obligation to follow controls and standards. It is a grant of rights. The Franchisor owns: the brand, the reputation, the Intellectual ...
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How does a potential franchisee know what costs are involved relating to becoming a franchisee? 
How does a potential franchisee know what costs are involved relating to becoming a franchisee?
A well organised franchisor can provide most of this information. Some costs will be compulsory under the agreement others will be general business set up costs. Apart from an up front or initial franchise fee there ...
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MacDonald Pilcher Partnership News

 
The personal property securities act (14/07/2009)
The Personal Property Securities Act 1999 (PPSA) came in to effect in New Zealand in May 2002.
 
Mergers and acquisitions (13/07/2009)
Buying or selling the whole business “Acquisition”.
 
Commercial leases – A summary of the ADLS lease (13/07/2009)
Entering into a commercial lease requires careful consideration of a range of factors. Foremost, is the ability to meet the rent over a period of time taking into account that rental will increase with regular rent reviews.
 
Commercial agreements and contracts (10/07/2009)
Put things in writing. Many deals are done over a handshake or a beer but if you have something to protect or clarify its good to do the business ‘pre-nup’ then put it in the bottom drawer.
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