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Franchising A Business: Traditional vs. Joint Venture Franchising

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The Franchise Institute
Franchising A Business: Traditional vs. Joint Venture Franchising

Do you know that the franchising industry in Australia is estimated to reach $169.5bn by the end of 2023?

Needless to say, franchising a business is becoming more and more common in Australia. However, common does not mean that the process has become simpler.


Whether you are a franchisee or a franchisor, you shall meet a long list of requirements to start a franchise. One of those requirements is selecting a franchising model. 


Two of the most popular franchising models are traditional franchising or joint ventures or partnerships. Both of these models have their unique set of pros and cons that can impact your business.


Today’s post highlights those pros and cons to help you choose the correct franchising model for your business.

So, continue reading! 


Franchising A Business: The Pros And Cons Of Joint Venture Franchising And Traditional Franchising

While franchising is an excellent way to grow your business, choosing the wrong model can negatively affect your revenue. 

Hence, before making any decision, it’s essential to learn the differences.


Franchising A Business Following The Traditional Model


Traditional franchising is the model that most franchisors prefer. In this model, a franchisor and a franchisee enter into a franchise agreement, allowing the franchisee to use the intellectual property of the franchisor to run the franchised business.

The franchisee can run the business independently without constant interference from the franchisor. 

Here are the pros and cons of this franchising model.


Pros


i) If you are franchising a business as a franchisor, following the traditional model will reduce your liability and risks. The franchisee will be operating the business and be liable for losses.


ii) The arrangement between the franchisor and the franchisee will depend on the franchise agreement and other relevant documents and will not be governed by the Corporations Act 2001.


iii) Franchisors will leverage the growing network of several franchisees.


iv) The franchisor and the franchisee will have separate tax planning.


Cons


i) Franchisees may face limitations when growing their franchise network unless the franchisor offers support.


ii) These financial barriers often also limit a franchisor’s ability to find talented franchisees.


iii) Franchisors will have to rely on the franchise agreement to practice their right since they will not have much control over the franchise.


Franchising A Business Following The Joint Venture Model


The joint venture or partnership model of franchising a business is comparatively more complicated. Here, the franchise is a company that will hold shares in the franchisor's business. 


In this case, both parties have to sign a franchise agreement as well as a joint venture agreement. The latter will highlight how the two parties will divide tasks and responsibilities.


Furthermore, joint venture agreements nominate a single party to establish the franchise agreement. This party is known as the operative shareholder. 


Pros


i) While franchisees have less control, they still have ownership rights in the business.


ii) Franchisors can enjoy limited liability by creating separate legal entities to transfer shares.


iii) This model offers more flexibility to both parties for contributing capital and receiving equity.


iv) Franchisors enjoy additional controls over the operation of the franchises.


Cons


i) The additional franchisor control can lead to proprietary company issues.


ii) The Corporations Act 2001 will govern the relationship between the franchisor and the franchisee.


iii) Based on the chosen representative, franchisors may have to abide by additional Corporations Act 2001 laws.


iv) You will need to create more documentation when following this model. 


v) If a party decides to exit the contract, it can be way more complicated than the traditional method.


vi) You might require additional legal help to understand the documentation and legal needs, increasing the cost.


vii) Administrative and taxation duties can get more complicated, especially for the franchisor. 


Bottom Line


When franchising a business in Australia, it’s essential to learn about different models and how they can impact your business processes. The above comparison shows that the traditional model offers less control to franchisors, but it’s much more straightforward. The joint-venture model offers additional control to franchisors. However, the agreements will be governed by the Corporations Act 2001. 


Hopefully, these points will help you pick the franchising model best for your business.

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