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ARTICLE · 17 OCTOBER 2019

ACCC Report on Franchising Disclosure Practices

Franchisors should review the current Disclosure Document to ensure you are complying with obligations under the Code.

AustraliaCorporate/Commercial Law

Assisted by Kristina Tato

Each year, the ACCC receives around four hundred complaints about franchising, and inadequate disclosure by franchisors is consistently one of the top two Franchising Code issues that is being reported. Recently, the ACCC released a Disclosure practices in food franchising report, following it, undertaking targeted compliance checks on twelve different franchisors in the food services sector, due to concerns that prospective franchisees were not being provided with adequate disclosure.

In order for the prospective franchisee to make a reasonably informed decision, the franchisee must be provided with information regarding the franchise prior to entering into a franchise agreement, as per the Franchising Code of Conduct. The disclosure document must be provided to the prospective franchisee at least fourteen days before entering the franchise agreement.

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