subject: Business Franchise Law Governing In Canada! [print this page] There are several ways to enter Canada MarketThere are several ways to enter Canada Market. Some franchisers have the option to choose to enter the Canadian market by either incorporating in Canada or taking franchise directly from their non-Canadian head office. However most find it easier to contract with Business franchising attorneys or Franchise Law Firm Canada to expand their franchise throughout Canada. This route avoids a variety of problems and issues that may arise such as employment, tax planning, laws, corporate structuring and filings, but it still has to adhere to a number of important Business Franchise Law and regulations such as:
Trade-marks
The very first thing a prospective foreign franchiser should do is to register the firm's trade-marks in Canada. Registered trade-marks give the franchiser the exclusive rights to use trademarked product or service throughout Canada and are valid forever, on payment of a nominal renewal fee which is paid every 15 years. Franchise Law Firm helps you to go through registration procedure.
Further more the entitlement to trade-mark registration is based upon first use in Canada, and would not be extended to signs, images or any other marks that are deemed to be similar with existing marks. Thus Franchise Agreement Lawyers carry out an in depth search of federal trade-marks as well as federal and provincial business name registers is always advisable. It not just increases the probability of successful registration, but also to uncover the parties using a conflicting mark under junior rights.
Tax
Business Franchise Law Firm Canada must be aware of What is required that in case of tax is that it has to be withheld and also remitted on behalf of non Canadian payee by a Canadian payer. This actually means that tax payment coming from the Canadian main franchisee or the franchisee provider to foreign franchisers are naturally reduced by the extent of amount of withholding tax. Currently, the withholding tax rate in Canada is 25 per cent which is available along with substantial reductions under a treaty with Canada to some countries. For U.S. the tax is as less as 10 per cent.
Franchisee Disclosure Legislation
While actually there is no federal law governing franchise disclosure in Canada ,many parts of country have enacted robust regulations having direct implications for foreign franchisers. Franchise disclosure legislation in Ontario as well as Prince Edward Island mandates foreign franchisers to disclose certain information to a main franchisee for the whole Canada.
Business Franchise Law being very stringent in Canada, every foreign franchiser must take into account the above listed requirements. However these don't cover the whole Business Franchise Law and hence one must resort to Business Franchise Law Firm Canada for the same.
