Category: Franchising Legal

FASA’s help-line received an interesting inquiry on paying royalties for playing music in public places as there seem to be two different collecting societies claiming Question Both SAMRO and SAMPRA appear to be invoicing franchised outlets that play music in their outlets. – SAMRO is a copyright administration business dealing with primarily the administration of music composers’ and authors’ Performing Rights. – SAMPRA is a collective licensing society of copyright owners of music sound recordings. How would a franchise owner verify the collecting society’s legitimacy and should the business pay both these organizations? Ian JacobsbergIan is a practicing attorney with …

A franchisor asked FASA’s Help Line to explain the CPA’s stipulation that the marketing fund must be a separate account and how that can be practically interpreted. Question from a franchisor: From a practical perspective our marketing contributions are in a separate accounting account/cost centre, but not in a separate bank account. The reasons are purely practical and an effort to save banking fees and also to make the life of franchisees easier in paying everything into one bank account, although they are invoiced separately. Ian JacobsbergIan is a practicing attorney with over thirty years’ post-admission experience in the areas …

Compliance with legislation can be intimidating, especially for business owners without a legal background. Labour law is not negotiable and poses a business risk to the employer. To comply with legislation is not a luxury, it is a must and can be overwhelming in terms of specialist knowledge, as well as time-consuming. Employers should, however, realise that legislation can also be used to protect your business and minimize risk by proactively positioning the business with regards to possible future disputes. FASA Franchise Association South AfricaTo protect, lobby, promote and develop ethical franchising across all sectors in South Africa with specific …

The three new Acts signed into law by Cyril Ramaphosa will affect how we drive, will act on fraudulent qualifications and give debt relief to lower-end earners. Whilst some of these laws have been in the pipeline for some time, there has been mixed reaction to these new pieces of legislation. FASA Franchise Association South AfricaTo protect, lobby, promote and develop ethical franchising across all sectors in South Africa with specific focus on transformation. www.fasa.co.za …

A recent exposé on an investigative television programme put the spotlight on the compliance of franchise companies with the Consumer Protection Act’s Regulations and with the Code of Ethics as set down by the Franchise Association of South Africa (FASA). FASA, as a voluntary organisation representing the industry, regularly fields complaints from franchisees with some of the more common complaints related to non-member franchisors being:- FASA Franchise Association South AfricaTo protect, lobby, promote and develop ethical franchising across all sectors in South Africa with specific focus on transformation. www.fasa.co.za …

Good news for the 6-million workers that currently earn below R3 700 a month but a challenge to the businesses out there struggling to retain staff in an economic environment of rising costs, the new Minimum Wage Act signed by President Cyril Ramaphosa last week will see the minimum hourly rate for workers set at R20 – effective on 1 January 2019. The new law allows for the annual adjustment of the minimum wage by a still-to-be-appointed commission, which will be required to conduct a review of the said wage within 18 months of the commencement of the act. It …