Business Franchise

There is a legal document that any franchisee must be supplied with before the signing of the Franchise Agreement. The Federal Trade Commission (FTC) has made such a regulation in order to provide franchisees with material information about operation of franchise system. UFOC is urged to help franchisees understand and analyze franchisor’s intentions.
The Uniform Franchise Offering Circular must be presented to franchisee 10 days before the signing of the Franchise Agreement.
Every franchise company in every industry should provide its prospective franchisees with that information divided by the following 23 categories:
1. The Franchisor and Any Predecessors
2. Identity and Business Experience of Persons Associated with Franchisor
3. Litigation History
4. Bankruptcy (i.e., any franchisees who may have filed)
5. Listing of the Initial Franchise Fee and Other Initial Payments
6. Other Fees and Expenses
7. Statement of Franchisee’s Initial Investment
8. Obligations of Franchisee to Purchase or Lease from Designated Sources
9. Obligations of Franchisee to Purchase or Lease in Accordance with Specifications or from Authorized Suppliers
10. Financing Arrangements
11. Obligations of the Franchisor; Other Supervision, Assistance or Services
12. Exclusive/Designated Area of Territory
13. Trademarks, Service Marks, Trade Names, Logotypes and Commercial Symbols
14. Patents and Copyrights
15. Obligations of the Franchisee to Participate in the Actual Operation of the Franchise Business
16. Restrictions on Goods and Services Offered by Franchisee
17. Renewal, Termination, Repurchase, Modification and Assignment of the Franchise Agreement and Related Information
18. Arrangements with Public Figures
19. Actual, Average, Projected or Forecasted Franchise Sales, Profits or Earnings
20. Information Regarding Franchises of the Franchisor
21. Financial Statements
22. Contracts
23. Acknowledgment of Receipt by Respective Franchisee

When starting a new company or buying a franchise business everybody needs to make an important decision about the size of the prospective firm. Certainly it depends on the sphere of business, on franchise agreement, on the money you are going to invest and so on. But it is a good idea to think about the benefits that you can get if government officials will consider your company a representative of small business. As you may know there is a set of privileges or special conditions for small business firms. Government helps them to obtain loans on better conditions, protects their economic and juridical rights, and so on. But how to know whether the new company is eligible for all that privileges? I’m going to answer this question here.
 
The first thing that determines the company’s status is its legal position. The firm can considered a representative of small business when it is independently owned and operated and not dominant in its field of operation.
 
The second thing concerns size of the company. The SBA (Small Business Administration) has developed size standards that define the maximum size of an eligible small business. They vary by industry, and in some cases they depend on the number of employees but for other industries the size standards are determined in millions of dollars. I summarized these standards below:
 
Agriculture, Forestry, Fishing and Hunting (including Crop Production, Animal Production) – max $0.75 millions of dollars
Agriculture, Forestry, Fishing and Hunting (including Timber Tract Operations, Forest Nurseries and Gathering of Forest Products, Support Activities for Agriculture and Forestry) - max  $6.5 millions of dollars
Agriculture, Forestry, Fishing and Hunting (only Logging) – max 500 employees
Agriculture, Forestry, Fishing and Hunting (including Fishing, Hunting and Trapping) - max  $4.0 millions of dollars
Agriculture, Forestry, Fishing and Hunting (including Forest Fire Suppression and Fuels Management Services) - max  $16.5 millions of dollars
 
Mining (including Oil and Gas Extraction, Mining (except Oil and Gas), Drilling Oil and Gas Wells) – max 500 employees
Mining (including Support Activities for Oil and Gas Operations, Support Activities for Coal Mining, for Metal Mining, for Nonmetallic Minerals (except Fuels) - max  $6.5 millions of dollars
 
Utilities (Hydroelectric and Fossil Fuel Power Generation, Nuclear Electric and Other Power Generation, Electric Bulk Power Transmission and Control, Electric Power Distribution) - a company is considered small if it is primarily engaged in the generation, transmission, and/or distribution of electric energy for sale and its total electric output for the preceding fiscal year did not exceed 4 million megawatt hours.
Natural Gas Distribution– max 500 employees
Water Supply and Irrigation Systems and Sewage Treatment Facilities - max  $6.5 millions of dollars
Steam and Air-Conditioning Supply - max  $11.5 millions of dollars
 
Construction (including Construction of Buildings and Heavy and Civil Engineering Construction except Land Subdivision and Dredging and Surface Cleanup Activities) - max  $31.0 millions of dollars
Land Subdivision - max  $6.5 millions of dollars
Dredging and Surface Cleanup Activities - a company must perform at least 40% of the volume dredged with its own equipment or equipment owned by another small dredging concern.
Specialty Trade Contractors - max $13.0 millions of dollars
 
Food Manufacturing (except some industries mentioned below) - max 500 employees
Food Manufacturing (including Wet Corn Milling, Cane Sugar Refining, Beet Sugar Manufacturing, Cookie and Cracker Manufacturing) - max 750 employees
Food Manufacturing (including Specialty Canning, Breakfast Cereal Manufacturing, Fats and Oils Refining and Blending) - max 1000 employees
Soft Drink and Bottled Water Manufacturing, Ice Manufacturing, Breweries, Wineries, Tobacco Stemming and Redrying, Other Tobacco Product Manufacturing - max 500 employees
Distilleries - max 750 employees
Cigarette Manufacturing - max 1000 employees
 
Textile Manufacturing (except mentioned below)  - max 500 employees
Broadwoven Fabric Mills, Fabric Coating Mills, Tire Cord and Tire Fabric Mills - max 1000 employees
 
Apparel Manufacturing  - max 500 employees
Leather and Allied Product Manufacturing (except Rubber and Plastics Footwear Manufacturing)- max 500 employees
Rubber and Plastics Footwear Manufacturing - max 1000 employees
Wood Product Manufacturing- max 500 employees
 
Paper Manufacturing (including Pulp Mills, Paper and Paperboard Mills, Folding Paperboard Box Manufacturing, Non-Folding Sanitary Food Container Manufacturing) - max 750 employees
Paper Manufacturing (including Corrugated and Solid Fiber Box Manufacturing, Setup Paperboard Box Manufacturing, Fiber Can, Tube, Drum, and Similar Products Manufacturing, Coated and Laminated Packaging Paper and Plastics Film Manufacturing, Coated and Laminated Paper Manufacturing, Plastics, Foil, and Coated Paper Bag Manufacturing, Uncoated Paper and Multi-wall Bag Manufacturing, Laminated Aluminum Foil Manufacturing for Flexible Packaging Uses, Surface-Coated Paperboard Manufacturing, Die-Cut Paper and Paperboard Office Supplies Manufacturing, Envelope Manufacturing, Stationery, Tablet, and Related Product Manufacturing, Sanitary Paper Product Manufacturing, All Other Converted Paper Product Manufacturing) - max 500 employees
 
Printing and Related Support Activities - max 500 employees
 
Petroleum Refineries - the petroleum refinery company must be a concern that has no more than 1500 employees nor more than 125,000 barrels per calendar day total Operable Atmospheric Crude Oil Distillation capacity.
Asphalt Paving Mixture and Block Manufacturing, Petroleum Lubricating Oil, Grease and All Other Petroleum and Coal Products Manufacturing - max 500 employees
Asphalt Shingle and Coating Materials Manufacturing - max 750 employees
 
Chemical Manufacturing (including Petrochemical, Industrial Gas, Inorganic Dye and Pigment and Alkalis and Chlorine Manufacturing, Ethyl Alcohol and All Other Basic Organic Chemical Manufacturing, Synthetic Rubber, Cellulosic Organic Fiber, Noncellulosic Organic Fiber and Nitrogenous Fertilizer Manufacturing) - max 1000 employees
Chemical Manufacturing (including Synthetic Organic Dye and Pigment Manufacturing, Cyclic Crude and Intermediate Manufacturing, Plastics Material and Resin Manufacturing, Medicinal, Botanical and Pharmaceutical Preparation Manufacturing, Soap another Detergent Manufacturing, Explosives Manufacturing) - max 750 employees
Chemical Manufacturing (including Carbon Black, Gum and Wood Chemical Manufacturing, Fertilizer Manufacturing, Pesticide and Other Agricultural Chemical Manufacturing, In-Vitro Diagnostic Substance Manufacturing, Biological Product (except Diagnostic) Manufacturing, Paint, Coating and Adhesive Manufacturing, Polish and Other Sanitation Good Manufacturing, Surface Active Agent and Toilet Preparation Manufacturing, Printing Ink, Photographic Film, Paper, Plate and Chemical and All Other Miscellaneous Chemical Product and Preparation Manufacturing, Photographic Film, Paper, Plate and Chemical Manufacturing) - max 500 employees
 
Plastics and Rubber Products Manufacturing (except Tire Manufacturing) - max 500 employees
Tire Manufacturing- max 1000 employees
 
Nonmetallic Mineral Product Manufacturing (including Flat Glass and Gypsum Product Manufacturing) - max 1000 employees
Nonmetallic Mineral Product Manufacturing (including Vitreous China Plumbing Fixture and China and Earthenware Bathroom Accessories Manufacturing,  Nonclay Refractory Manufacturing, Other Pressed and Blown Glass and Glassware Manufacturing, Glass Container and Cement Manufacturing, Mineral Wool Manufacturing) - max 7500 employees
Nonmetallic Mineral Product Manufacturing (including Vitreous China, Fine Earthenware and Other Pottery Product Manufacturing, Porcelain Electrical Supply and Brick and Structural Clay Tile Manufacturing, Ceramic Wall and Floor Tile and Other Structural Clay Product Manufacturing, Clay Refractory Manufacturing, Glass Product Manufacturing Made of Purchased Glass, Ready-Mix Concrete, Concrete Block and Brick, Concrete Pipe and Other Concrete Product Manufacturing, Lime Manufacturing, Abrasive Product Manufacturing, Cut Stone and Stone Product Manufacturing, Ground or Treated Mineral and Earth Manufacturing, All Other Miscellaneous Nonmetallic Mineral Product Manufacturing) - max 500 employees
 
Primary Metal Manufacturing (including Iron and Steel Mills, Iron and Steel Pipe and Tube Manufacturing from Purchased Steel, Cold-Rolled Steel Shape Manufacturing, Steel Wire Drawing, Aluminum Refining, Primary Aluminum Production, Primary Smelting and Refining of Copper, Copper Wire (except Mechanical) Drawing) - max 1000 employees
Primary Metal Manufacturing (including Electrometallurgical Ferroalloy Product Manufacturing, Secondary Smelting and Alloying of Aluminum, Aluminum Sheet, Plate and Foil Manufacturing, Aluminum Extruded Product Manufacturing, Other Aluminum Rolling and Drawing, Primary Smelting and Refining of Nonferrous Metal, Copper Rolling, Drawing and Extruding, Secondary Smelting, Refining, and Alloying of Copper, Nonferrous Metal (except Copper and Aluminum) Rolling, Drawing and Extruding Secondary Smelting, Refining, and Alloying of Nonferrous Metal (except Copper and Aluminum) - max 750 employees
Primary Metal Manufacturing (including Iron Foundries, Steel Foundries, Aluminum Die-Casting Foundries, Nonferrous (except Aluminum) Die-Casting Foundries, Aluminum, Copper and Other Nonferrous Foundries (except Die-Casting) - max 500 employees
 
Fabricated Metal Product Manufacturing - max 500 employees (except the industries mentioned below)
Enameled Iron and Metal Sanitary Ware Manufacturing,  Ball and roller Bearing Manufacturing, Metal Heat Treating - max 750 employees
Metal Can Manufacturing, Small Arms Ammunition and Small Arms Manufacturing - max 1000 employees
Ammunition (except Small Arms) Manufacturing - max 1500 employees
 
Machinery Manufacturing - max 500 employees (except the industries mentioned below)
Construction Machinery Manufacturing, Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing, Industrial Truck, Tractor, Trailer and Stacker Machinery Manufacturing - max 750 employees
 Turbine and Turbine Generator Set Unit Manufacturing, Office Machinery Manufacturing - max 1000 employees
 
Computer and Electronic Product Manufacturing (including Manufacturing of Electronic Computers, Computer Storage Devices, Computer Terminals, Other Computer Peripheral Equipment, Telephones, Magnetic and Optical Recording Media) - max 1000 employees
Computer and Electronic Product Manufacturing (including Radicand Television Broadcasting and Wireless Communications Equipment and Other Communications Equipment Manufacturing, Audio and Video Equipment Manufacturing, Electron Tube Manufacturing, Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument Manufacturing, Prerecorded Compact Disc (except Software), Tape, and Record Reproducing) - max 750 employees
Computer and Electronic Product Manufacturing (including Software Reproducing, Bare Printed Circuit Board and  Semiconductor and Related Device Manufacturing, Electronic Capacitor and Electronic Resistor Manufacturing, Electronic Coil, Transformer, and Other Inductor Manufacturing,  Electronic Connector Manufacturing, Other Electronic Component Manufacturing, Electromedical and Electrotherapeutic Apparatus Manufacturing, Automatic Environmental Control Manufacturing for Residential, Commercial and Appliance Use, Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables, Totalizing Fluid Meter and Counting Device Manufacturing, Instrument Manufacturing for Measuring and Testing Electricity and Electrical Signals, Analytical Laboratory Instrument Manufacturing, Irradiation Apparatus Manufacturing, Watch, Clock, and Part Manufacturing, Other Measuring and Controlling Device Manufacturing) - max 500 employees
 
Electrical Equipment, Appliance and Component Manufacturing (including Electric Lamp Bulb and Part Manufacturing,  Household Refrigerator and Home Freezer Manufacturing, Household Laundry Equipment Manufacturing, Motor and Generator Manufacturing,  Primary Battery, Fiber Optic Cable and Other Communication and Energy Wire Manufacturing) - max 1000 employees
Electrical Equipment, Appliance and Component Manufacturing (including Electric Housewares and Household Fan Manufacturing, Household Vacuum Cleaner and Cooking Appliance Manufacturing, Power, Distribution and Specialty Transformer Manufacturing, Switchgear and Switchboard Apparatus Manufacturing, Relay and Industrial Control Manufacturing, Carbon and Graphite Product Manufacturing) - max 750 employees
Electrical Equipment, Appliance and Component Manufacturing (including Residential Electric Lighting Fixture, Commercial, Industrial and Institutional Electric Lighting Fixture Manufacturing, Other Lighting Equipment Manufacturing, Storage Battery Manufacturing, Current-Carrying Wiring Device Manufacturing,  Noncurrent-Carrying Wiring Device and All Other Miscellaneous Electrical Equipment and Component Manufacturing) - max 500 employees
 
Transportation Equipment Manufacturing (including Aircraft Manufacturing) - max 1500 employees
Transportation Equipment Manufacturing (including Automobile, Light Truck and Utility Vehicle Manufacturing, Heavy Duty Truck and Motor Vehicle Body Manufacturing, Motor Home Manufacturing, Aircraft Engine and Engine Parts Manufacturing, Other Aircraft Part and Auxiliary Equipment Manufacturing, Guided Missile and Space Vehicle Manufacturing, Guided Missile and Space Vehicle Propulsion Unit and Propulsion Unit Parts Manufacturing,  Other Guided Missile and Space Vehicle Parts and Auxiliary Equipment Manufacturing, Railroad Rolling Stock Manufacturing,  Ship Building and Repairing, Military Armored Vehicle, Tank and Tank Component Manufacturing) - max 1000 employees
Transportation Equipment Manufacturing (including Gasoline Engine and Engine Parts Manufacturing, Other Motor Vehicle Electrical and Electronic Equipment Manufacturing, Motor Vehicle Steering and Suspension Components (except Spring) Manufacturing, Motor Vehicle Brake System Manufacturing, Motor Vehicle Transmission and Power Train Parts Manufacturing, Motor Vehicle Air-Conditioning and All Other Motor Vehicle Parts Manufacturing) - max 750 employees
Transportation Equipment Manufacturing (including Truck Trailer, Travel Trailer and Camper Manufacturing, Carburetor, Piston, Piston Ring and Valve Manufacturing, Vehicular Lighting Equipment Manufacturing, Motor Vehicle Seating and Interior Trim Manufacturing, Motor Vehicle Metal Stamping,  Boat Building, Motorcycle, Bicycle and Parts and All Other Transportation Equipment Manufacturing) - max 500 employees
 
Furniture and Related Product Manufacturing and Miscellaneous Manufacturing - max 500 employees
 
Wholesale Trade - max 100 employees
Retail Trade – max $26.5 – $6.5 millions of dollars (see below)
New Car Dealers - max $26.5 millions of dollars
Supermarkets and Other Grocery (including Convenience) Stores, Gasoline Stations with Convenience Stores, General Merchandise Stores - max $25.0 millions of dollars
Nonstore Retailers (including Electronic Shopping, Electronic Auctions, Mail-Order Houses) - max $23.0 millions of dollars
Used Car Dealers - max $21.0 millions of dollars
Manufactured (Mobile) Home Dealers - max $12.0 millions of dollars
Heating Oil Dealers - max $11.5 millions of dollars
Aircraft Retail Dealers - max $9.0 millions of dollars
Gasoline Stations, Men’s, Women’s and Family Clothing Stores, Shoe Stores - max $8.0 millions of dollars
Electronics and Appliance Stores - max $8.0 but $6.5 millions of dollars for Camera and Photographic Supplies Stores
Recreational Vehicle Dealers, Motorcycle and Boat Dealers, All Other Motor Vehicle Dealers, Furniture and Home Furnishings Stores, Building Material and Garden Equipment and Supplies Dealers – max $6.5 millions of dollars
Meat Markets, Fish and Seafood Markets, Fruit and Vegetable Markets, Baked Goods Stores, Confectionery and Nut Stores, All Other Specialty Food Stores, Beer, Wine and Liquor Stores and Health and Personal Care Stores - max $6.5 millions of dollars
Children’s and Infants’ Clothing Stores, Clothing Accessories and Other Clothing Stores, Jewelry Stores, Luggage and Leather Goods Stores, Sporting Good, Hobby, Book and Music Stores - max $6.5 millions of dollars
Florists, Office Supplies and Stationery Stores, Gift, Novelty and Souvenir Stores, Used Merchandise Stores, Pet and Pet Supplies Stores, Art Dealers, Tobacco Stores, All Other Miscellaneous Store Retailers (except Tobacco Stores), Liquefied Petroleum Gas (Bottled Gas) Dealers, Other Fuel Dealers, Other Direct Selling Establishments - max $6.5 millions of dollars
 
Air Transportation (including Scheduled Passenger Air Transportation, Scheduled Freight Air Transportation, Nonscheduled Chartered Passenger Air Transportation, Nonscheduled Chartered Freight Air Transportation) - max 1500 employees
Offshore Marine Air Transportation Services - max $25.5 millions of dollars
 Line-Haul Railroads - max 1500 employees
Short Line Railroads - max 500 employees
Water Transportation - max 500 employees
Truck Transportation - max $23.5 millions of dollars
Transit and Ground Passenger Transportation - max $6.5 millions of dollars
Pipeline Transportation of Crude Oil, Pipeline Transportation of Refined Petroleum Products  - max 1500 employees
Pipeline Transportation of Natural Gas - max $6.5 millions of dollars
All Other Pipeline Transportation - max $31.5 millions of dollars
Scenic and Sightseeing Transportation - max $6.5 millions of dollars
Support Activities for Transportation (including Port and Harbor Operations, Marine Cargo Handling, Non-Vessel Owning Common Carriers and Household Goods Forwarders, Packing and Crating) - max $23.5 millions of dollars
Support Activities for Transportation (including Air Traffic Control, Other Airport Operations, Other Support Activities for Air Transportation, Support Activities for Rail Transportation, Navigational Services to Shipping, Other Support Activities for Water Transportation, Motor Vehicle Towing, Other Support Activities for Road Transportation, Freight Transportation Arrangement, All Other Support Activities for Transportation) - max $6.5 millions of dollars
 
Local Messengers and Local Delivery, Warehousing and Storage - max $23.5 millions of dollars
Postal Service - max $6.5 millions of dollars
Couriers - max 1500 employees
 
Publishing Industries (except Internet) - max 1500 employees but for Software Publishers the standard is max $23.5 millions of dollars
 
Motion Picture and Video Production, Motion Picture and Video Distribution, Teleproduction and Other Postproduction Services - max $27.0 millions of dollars
Cable and Other Subscription Programming - max $13.5 millions of dollars
Television Broadcasting - max $13.0 millions of dollars
Motion Picture Theaters (except Drive-Ins), Drive-In Motion Picture Theaters, Other Motion Picture and Video Industries, Record Production, Sound Recording Studios, Other Sound Recording Industries, Radio Networks, Radio Stations - max $6.5 millions of dollars
Integrated Record Production/Distribution - max 750 employees
Music Publishers, Internet Publishing and Broadcasting - max 500 employees
 
Telecommunications (including Wired Telecommunications Carriers, Paging, Cellular and Other Wireless Telecommunications, Telecommunications Resellers) - max 1500 employees
Telecommunications (including Satellite Telecommunications, Cable and Other Program Distribution, Other Telecommunications) - max $13.5 millions of dollars
 
 Internet Service Providers, Data Processing, Hosting, and Related Services - max $23.0 millions of dollars
Web Search Portals and Other Information Services - max $6.5 millions of dollars
 
Credit Intermediation and Related Activities (including Commercial Banking, Savings Institutions, Credit Unions, Other Depository Credit Intermediation, Credit Card Issuing, International Trade Financing) – max $165 million in assets. A financial institution’s assets are determined by averaging the assets reported on its four quarterly financial statements for the preceding year.
Credit Intermediation and Related Activities (including Sales Financing, Consumer Lending, Real Estate Credit, Secondary Market Financing, All Other Non-Depository Credit Intermediation, Mortgage and Nonmortgage Loan Brokers, Financial Transactions Processing, Reserve, and Clearing House and Other Activities Related to Credit Intermediation) - max $6.5 millions of dollars
Financial Investments and Related Activities, Insurance Carriers and Related Activities, Funds, Trusts and Other Financial Vehicles - max $6.5 millions of dollars
 
Real Estate (including Lessors of Miniwarehouses and Self Storage Units) - max $23.5 millions of dollars
Real Estate (including Leasing of Building Space to Federal Government by Owners) - max $19.0 millions of dollars
Real Estate (including Lessors of Residential Buildings and Dwellings, Lessors of Nonresidential Buildings (except Miniwarehouses), Lessors of Other Real Estate Property)  - max $6.5 millions of dollars
Real Estate (including Offices of Real Estate Agents and Brokers, Residential Property Managers, Nonresidential Property Managers, Offices of Real Estate Appraisers, Other Activities Related to Real Estate) - max $2.0 millions of dollars
 
Rental and Leasing Services (including Passenger Car Rental, Passenger Car Leasing, Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing, Office Machinery and Equipment Rental and Leasing) - max $23.5 millions of dollars
Rental and Leasing Services (including Consumer Electronics and Appliances Rental, Formal Wear and Costume Rental, Video Tape and Disc Rental, Home Health Equipment Rental, Recreational Goods Rental, All Other Consumer Goods Rental, General Rental Centers, Commercial Air, Rail, and Water Transportation Equipment Rental and Leasing, Construction, Mining and Forestry Machinery and Equipment Rental and Leasing, Other Commercial and Industrial Machinery and Equipment Rental and Leasing) - max $6.5 millions of dollars
 
Professional, Scientific and Technical Services (including Custom Computer Programming Services, Computer Systems Design Services, Computer Facilities Management Services, Other Computer Related Services) - - max $23.0 millions of dollars
Testing Laboratories - max $11.0 millions of dollars
Professional, Scientific and Technical Services (including Offices of Certified Public Accountants, Payroll Services, Other Accounting Services) - max $7.5 millions of dollars
 
Professional, Scientific and Technical Services (including Offices of Lawyers, Title Abstract and Settlement Offices, All Other Legal Services, Tax Preparation Services, Landscape Architectural Services, Drafting Services, Building Inspection Services, Interior Design Services, Industrial Design Services, Graphic Design Services, Other Specialized Design Services, Administrative Management and General Management Consulting Services, Human Resources and Executive Search Consulting Services, Marketing Consulting Services, Process, Physical Distribution and Logistics Consulting Services, Other Management Consulting Services, Environmental Consulting Services, Other Scientific and Technical Consulting Services, Research and Development in the Social Sciences and Humanities, Advertising Agencies, Public Relations Agencies, Media Buying Agencies, Media Representatives, Display Advertising, Direct Mail Advertising, Advertising Material Distribution Services, Other Services Related to Advertising, Marketing Research and Public Opinion Polling, Photography Studios, Portrait, Commercial Photography, Translation and Interpretation Services,  Veterinary Services, All Other Professional, Scientific and Technical Services) - max $6.5 millions of dollars
 
Professional, Scientific and Technical Services (including Architectural Services, Engineering Services, Map Drafting, Geophysical Surveying and Mapping Services, Surveying and Mapping Services) - max $4.5 millions of dollars
Research and Development in the Physical, Engineering, and Life Sciences - max 500 employees
Information Technology Value Added Resellers - max 150 employees
 
Management of Companies and Enterprises - max $6.5 millions of dollars
 
Administrative and Support Services (including Facilities Support Services) - max $32.5 millions of dollars
Administrative and Support Services (including Janitorial Services) - max $15.0 millions of dollars
Administrative and Support Services (including Temporary Help Services, Employee Leasing Services) - max $12.5 millions of dollars
Administrative and Support Services (including Investigation Services, Security Guards and Patrol Services, Armored Car Services, Security Systems Services (except Locksmiths) - max $11.5 millions of dollars
Administrative and Support Services (including Office Administrative Services, Employment Placement Agencies, Document Preparation Services, Telephone Answering Services, Telemarketing Bureaus, Private Mail Centers, Other Business Service Centers (including Copy Shops), Collection Agencies, Credit Bureaus, Repossession Services, Court Reporting and Stenotype Services, All Other Business Support Services, Tour Operators, Convention and Visitors Bureaus, All Other Travel Arrangement and Reservation Services,  Locksmiths, Exterminating and Pest Control Services, Landscaping Services,  Other Services to Buildings and Dwellings, Packaging and Labeling Services, Convention and Trade Show Organizers, All Other Support Services) - max $6.5 millions of dollars
Administrative and Support Services (including Carpet and Upholstery Cleaning Services) - max $4.5 millions of dollars
Administrative and Support Services (including Travel Agencies) - max $4.5 millions of dollars
 
Remediation Services - max $13.0 millions of dollars
Solid Waste Collection, Hazardous Waste Collection, Other Waste Collection, Hazardous Waste Treatment and Disposal, Solid Waste Landfill, Solid Waste Combustors and Incinerators, Other Nonhazardous Waste Treatment and Disposal, Materials Recovery Facilities - max $11.5 millions of dollars
Septic Tank and Related Services, All Other Miscellaneous Waste Management Services - max $6.5 millions of dollars
 
Educational Services - max $6.5 millions of dollars
Ambulatory Health Care Services (including Kidney Dialysis Centers, Hospitals) - max $31.5 millions of dollars
Ambulatory Health Care Services (including Medical Laboratories, Diagnostic Imaging Centers, Home Health Care Services) - max $12.5 millions of dollars
Ambulatory Health Care Services (including Offices of Physicians, Mental Health Specialists, Family Planning Centers, Outpatient Mental Health and Substance Abuse Centers, HMO Medical Centers, Freestanding Ambulatory Surgical and Emergency Centers, All Other Outpatient Care Centers, Blood and Organ Banks, All Other Miscellaneous Ambulatory Health Care Services) - max $9.0 millions of dollars
Ambulatory Health Care Services (including Offices of Dentists, Offices of Chiropractors, Offices of Optometrists, Offices of Mental Health Practitioners (except Physicians), Offices of Physical, Occupational and Speech Therapists and Audiologists, Offices of Podiatrists, Offices of All Other Miscellaneous Health Practitioners, Ambulance Services) - max $6.5 millions of dollars
 
Nursing Care Facilities, Continuing Care Retirement Communities - max $12.5 millions of dollars
Residential Mental Retardation Facilities - max $9.0 millions of dollars
Residential Mental Health and Substance Abuse Facilities, Homes for the Elderly, Other Residential Care Facilities, Social Assistance - max $6.5 millions of dollars
 
Arts, Entertainment and Recreation - max $6.5 millions of dollars
Accommodation (including Hotels (except Casino Hotels) and Motels, Casino Hotels, Bed and Breakfast Inns, All Other Traveler Accommodation, RV (Recreational Vehicle) Parks and Campgrounds, Recreational and Vacation Camps (except Campgrounds), Rooming and Boarding Houses) - max $6.5 millions of dollars
Food Services and Drinking Places - max $6.5 millions of dollars but $19.0 millions of dollars for Food Service Contractors
Repair and Maintenance - max $6.5 millions of dollars (but Computer and Office Machine Repair and Maintenance - max $23.0 millions of dollars
 
Personal and Laundry Services (including Linen Supply, Industrial Launderers) - max $13.0 millions of dollars
Personal and Laundry Services (including Barber Shops, Beauty Salons, Nail Salons, Diet and Weight Reducing Centers, Other Personal Care Services, Funeral Homes and Funeral Services, Cemeteries and Crematories, Coin-Operated Laundries and Drycleaners, Pet Care (except Veterinary) Services, Photo Finishing Laboratories (except One-Hour), One-Hour Photo Finishing, Parking Lots and Garages, All Other Personal Services) - max $6.5 millions of dollars
Personal and Laundry Services (including Dry-cleaning and Laundry Services (except Coin-Operated) - max $4.5 millions of dollars
 
Religious, Grantmaking, Civic, Professional and Similar Organizations - max $6.5 millions of dollars
 
If a potential borrower is close to these standards, size eligibility should be discussed with the local SBA office. Also note that the standards for a particular business may change from time to time and some exceptions do apply.
 
Uhhhh… I’m done with this…It took much more time when I thought at the beginning.

Every loan is not more than a transaction between two parties. The first party is the lender (bank, financial institution, government authority and so on) another is the borrower (person, company, organization or institution). When people speak about obtaining a loan to start or expand a franchise business in most cases they consider the eligibility of their idea or business sphere to get a credit. But this is a two-way road. The franchisee needs to check the eligibility of the loan conditions to finance his/her idea. Today I’m going to write about the conditions of the Small Business Administration loans programs. I’ll tell you what they can provide you (what you have to provide them I described in my previous messages).

While thinking if the SBA programs are suitable for you the first thing to take into consideration is the maximum money you can obtain. The SBA’s 7(a) Loan Program limits the loan amount to a maximum of $2,000,000 dollars. But is doesn’t mean that you will get the Small Business Administration guaranty for the whole sum of loan. SBA’s maximum guaranty is $1,500,000. Thus, if a business managed to get the SBA guaranteed loan for $2,000,000 dollars, the maximum guaranty to the lender will be $1,500,000 or 75 percent.

The next thing is interest rate. It’s necessary to take it into consideration and to compare with other possible loans because interests will increase your company’s fixed costs.
As you can learn from my other articles dedicated to the SBA, this government institution doesn’t provide money itself but provides guaranties. It means that the interest rates are a subject to negotiations as regarding any other loan from commercial institution. But at the same time the Small Business Administration establishes maximums, which are pegged to the Prime Rate. This is one of their instruments of small business support.
In most case the interest rate is fixed (it’s easier to calculate I think) and it depends on the amount of loan and its maturity. Below you can see the table of possible fixed rates.

Loan amount Maturity Interest rate
$50,000 or more less than 7 years Prime Plus 2.25
$50,000 or more more than 7 years Prime Plus 2.75
$25,000 - $50.000 less than 7 years Prime Plus 3.25
$25,000 - $50.000 more than 7 years Prime Plus 3.75
$25,000 or less less than 7 years Prime Plus 4.25
$25,000 or less more than 7 years Prime Plus 4.75

Sometimes financial institutions use variable rate loans. The formula to calculate the interest rate is rather complicated. It uses the fixed rates presented above and rates the federal government pays for loans. It means that this rate is more adjusted to the economic changes like inflation, recourses’ prices, stock market situation and government monetary and fiscal policy. The rate can change not often than monthly and must be consistent (calculated on either monthly, quarterly, semiannually, annually or any other defined, consistent basis). So in the case of variable interest rate the lender and the borrower negotiate the amount of the spread that will be added to the base rate.
It’s also should be mentioned that SBA strictly prohibits the majority of the fees of SBA loan applicants.
And there’s one more thing that should be taken into consideration. It’s the prepayment penalty.
SBA loans that have the maturity 15 years or more and the prepayment amount is over 25 percent of the whole amount and the prepayment is made within the first three years are charged the penalty.
It could be calculated this way: 5% during the first year, 3% during the second year or 1% during the third year after disbursement.
This information is enough to estimate whether you are capable to receive the SBA loan and whether you need it.

The first legislative act I want to write about will be the Small Business Franchise Act (the SBFA). I’ve read its statements and decided to range them according to their importance (as I think) for small business in general and franchise business particularly.
 
That Small Business Franchise Act was signed in 1999 after it raised heated debate. The proponents believed that the Act was necessary to protect the rights of small franchisees and to create favorable conditions for their development. But opponents insisted that this bill is only a waste of time and tax money as there was the good franchise legislation on the one hand, and the good small business legislation accompanied by different government supporting programs. Anyway the bill passed and I’m going to say some words about its content.
 
The first (not by the order but by its importance according to my opinion) statement of the Act protects the franchisee against unlawful transfer of the business. I think this to be very important because in the most cases franchisee is very dependent on the franchisor’s behavior according to their agreement. I’m not against this dependence but in the case when franchisor decides to sell his business, or to merger the new owner can easily forget about the rights and problems of franchisee (especially if we are speaking about a small business). So the SBFA guaranties that franchisees would be given at least 30 day’s notice of the franchisor’s transfer of ownership to another entity. I want to draw attention to the number of days. To my mind it’s very good that the bill not only makes franchisor to provide the information but also establishes the period of time. It would help franchisee to prove that his rights were violated.
 
The second statement I want to speak about protects the franchisee from unreasonable termination. As I understand this guaranty is rather close to the previous one. It will protect the small company from franchisor’s groundless decisions. According to the bill the main company has to provide a good cause to explain why it doesn’t want to continue business relations with franchisee. At the same time a compulsory 30-day period must be given to the franchisee to cure any defaults. The only thing I need to mention here is that I have a doubt that 30-day period would be enough in some difficult cases (for example in the situation when companies are located in different countries). Anyway according to the Small Business Franchise Act after that period both companies have the rights to turn to the court.
 
The third very important part of the Act ensures procedural fairness in the relations between franchisee and franchisor. It means that the conditions of the Small Business Franchise Act are more important in comparison with the conditions of the agreement between the main company and its small franchisee. Nothing in the agreement can limit or eliminate any of the franchisee’s rights.
 
The number four in that list imposes limited fiduciary duty on the franchisor. In English it will sound like this: “Franchisor must provide financial information about their activity to the franchisor”. Why? Because franchisee’s business results depend on franchisor’s decisions and financial decisions are not an exclusion. But is it fair toward franchisor? Yes, because he will provide a full disclosure of disbursements and a full accounting only for the money received from franchisee. The main company must not provide any co-called secret information, or information about long-term investment in some projects that have no connection with franchise business at all.
 
The fifth important part of the bill is dedicated to relations between the franchisor and the franchisee after the franchise agreement has expired. This regulation protects the rights of both parties. On the one hand, it permits the former franchisee to continue business activity in any sphere and at any location. On the other hand, the bill prohibits using the franchisor’s intellectual property, trademark, or any other commercial or business secrets. Why do I consider this part of the Small Business Franchise Act to be less important than the previous ones? Because I really believe that every clever franchisor will include the same point in the franchise agreement and the Act only provides additional guaranty.
 
OK. I’ve reached the middle of the list of the important regulations in the SBFA. Let’s go forward! In the sixth part I’ll speak about trade relations between the main company and its franchisee. The authors of the bill decided that they needed to guaranty the freedom of any franchisee while buying goods and services for the business purposes. It means that it’s illegal for franchisor to include in the franchise agreement the point saying that franchisee is obliged to purchase raw materials, equipment, other goods and services only from the main company. I like this statement but don’t think this to be so important than the previous ones. I really think that freedom is a good thing but as I understand the franchisor has an incentive to provide beneficial conditions for franchisee to attract him and it’s better to buy from the main company and save some money on transactional costs.
 
The next item of the Act is very sound but a little bit naïve as I think. That’s why I gave it only the seventh place in my list of importance. It speaks about common to all mankind values as honesty, good behavior and good faith. The Small Business Franchise Act insists that every party in the relations has to “act honestly and in good faith with each other and observe reasonable standards of fair dealing in the trade”. But how measure the level of honesty, reasonability or faith? I have no idea…
 
 
 
Three more left… Brace up! The SBFA also says some words about the relationships with government and local authorities. The Act gives the right to an attorney general of any state interfere in the transactions between the franchisor and the franchisee by bringing a civil action on behalf of its residents in an appropriate U.S. District Court. It can happen if the government official believes that that the SBFA is being violated. I put it on the eighth place because I think that the same statement characterizes every legislative act. I mean that to ensure the law is the main role of every government. Am I right?
 
The last two statements are the least important. The first of them determines that small business franchisees have the right to form and to participate in trade associations. And the last statement of the bill acts as a slogan as I think. It establishes that perpetrating a fraud within the franchisor-franchisee relationship is prohibited. It’s not more than a remainder of the statements of the other general business laws.
 
At the end of my comments to the Small Business Franchise Act I want to remind that this list of more or less important regulations of the bill is only my personal point of view. Can anyone introduce his or her list? I will be very happy to hear any grounded ideas.

I’m opening a new category in my blog speaking about the franchise and small business law. During all that time I was writing my articles I was choosing between a wide topic of small business and narrow topic about franchise. If you read my blog you can easily see that many times if was very difficult for me to make this choice.
  Looking back I realize that very often I start my article about franchise but can’t stay focused on it. I really hope that nobody will find a big problem in it. I like both topics and both concepts because both of them play a tremendous role in the world economy and both of that spheres involve ordinary people who managed to achieve something in their lives and every day impact the development of our society. I want my site to help these people to operate better. And I want newcomers to make it easier, faster and more successful.
 The proverb says that it’s much wise to learn by somebody’s mistakes but not by your own. And I believe that my new category will be helpful.