Typical separate performance obligations for a franchisor include site selection, training and equipment necessary to operate the franchise The remaining portion of the franchise fee must be deferred and amortized over the life of the franchise agreement .For nonpublic companies(most franchisers) this new rule is effective with the year ending December 31,2019.
The New Revenue Recognition rules-What is the Impact for Franchisors
By Barry Knepper – The Franchise CPA
The Financial Standard Board(“FASB”), the rules setting body for the accounting industry, has issued a new comprehensive revenue recognition model for all contracts. Franchise agreements are directly impacted by this new rule.
New Rule
This new rule requires that each contract be analyzed to identity the separate performance obligations that the franchiser has assumed as part of the franchise agreement and then allocate a portion of the franchise fee to each obligation .Typical separate performance obligations for a franchisor include site selection, training and equipment necessary to operate the franchise The remaining portion of the franchise fee must be deferred and amortized over the life of the franchise agreement .For nonpublic companies(most franchisers) this new rule is effective with the year ending December 31,2019.
Why this change matters to you:
It requires restatement of prior years financial statements issued or a cumulative catchup including analysis of every franchise agreement in place as of December 31,2019
Your financial statement will likely show greater liabilities and less equity-particularly in smaller companies -thus weakening your financial position.
========================================================= Click here to learn how to franchise your business.
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There is an increased likelihood of state-imposed restrictions on use of franchise fees
There is the potential to scare off prospects based upon the weakening of franchisor’s financial position due to deferral of recognition of franchise fees.
Taxes are due on fees received but not recognized in financial statements
It is important that you begin the analysis process now so that it does not hold up the completion of your audit. We are available to help you implement this new rule.
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ABOUT THE FRANCHISE CPA
The Franchise CPA’s CEO, Barry Knepper, CPA, has had a 40-year career as a senior financial executive including the international public accounting firm, Ernst and Young. While serving as CFO of a $100 million company he managed its initial public offering (“IPO”) and raised a total of more than $100 million of equity and debt financing for expansion. Barry is a member of the Board of Directors and chairman of the audit committee of Coffee Holding Company, a publicly traded integrated wholesale coffee roaster and distributor.
At The Franchise CPA we are dedicated to the accounting needs of franchisers of any size and industry, providing financial statement audits, royalty audits and part time CFO services.
Our success and client satisfaction is due to the specialized service we provide to clients. Our fee structure is lower than others because we keep overhead to a minimum and focus on franchising.
We have a unique combination of real-world franchise experience. Our team has served as the full time CFO of multi concept franchisee and as a part time CFO for diverse concepts. We have performed financial statement and royalty audits for more than 80 franchisers. Having experience as a franchisee as well, we understand the sensitive nature of the franchisor/franchisee relationship and work hard to preserve that relationship.
Through our part-time CFO services we meet the needs of franchisers that do not need or cannot afford a full-time controller or CFO. As your part time CFO, we will assist you in improving your financial performance, maximizing cash flow and building long-term value.
DAVE & BUSTER’S INTRODUCES LIGHTLIFE MEATLESS BURGER – WHERE DOES MEATLESS TREND STAND?
BEYOND MEAT, Impossible Burger, LIGHTLIFE BURGER
By Roger Lipton
Beyond Meat and Impossible Foods have gotten most of the attention with their meatless burgers while large companies such as Tyson Foods are no doubt working feverishly to complete their competitive product development. The latest announcement in this area , today, is that Dave & Buster’s has introduced their Lightlife Burger, a plant based product with which we were admittedly not familiar. We wrote an article back on June 4th, provided at the end of this update. At that point, Beyond Meat stock (BYND) had more than quadrupled in the five weeks following its IPO at $25.00 per share. A lot has happened since June 4th. Burger King rolled out The Impossible Burger systemwide, Tim Horton tested it in Canada and has pulled it back, for whatever combination of reasons. McDonald’s announced on 9/27 that they are going to test a Beyond Meat product in Canada. A number of other public chains have introduced meatless beef and chicken products.
Beyond Meat stock (BYND) went from 104 when we wrote on June 4th to a high above $230 by the end of July, retreated steadily to $135 by the end of September, spiked briefly twenty points on the McDonald’s announcement at the end of September, and has slipped steadily to a new low of $118 today. At $118, the enterprise value is still $7.2 billion. According to Bloomberg, sales are projected at $261M in 2019 and $415M in 2020. EPS is projected at a loss of $0.26 of 2019 and a profit of $0.23 in 2020. I’ll make it easy for you. The stock is selling at over FIVE HUNDRED TIMES 2020 projected earnings per share.
Back to the Lightlife Burger: The nutritional content is about the same as the Impossible and Beyond Meat products. The calorie counts, compared to a regular burger are about the same, the fat content is about the same, there is no cholesterol (that’s good), the sodium content , at 540mg is more than five times that of a regular burger (that’s bad) and even more than the 400 mg of Impossible and Beyond. We called Dave & Buster’s (at Palisades Center) and they are charging $16.99 for the Lightlife product (with fries no doubt) versus $13.99 for the normal burger platter. That’s a 21 percent premium, an obviously material detriment. This is in our opinion, far from a game changer (no pun intended) for Dave & Buster’s.
The largest QSR exposure of the Impossible Burger has been at Burger King over the last several months. Prior to the systemwide rollout in August, BK stated that traffic was up 18.5% in a 29 day test in St.Louis. We can assure you that nothing like that is happening since the product has been rolled out systemwide, or management of Restaurant Brands stock would have let us know. Our guess is that BK comp sales are running no more than a couple of points better than prior trends.
In short: we stand by our previous conclusion, hereby restated. Our complete discussion of June 4th is provided below.
CONCLUSION – copied from 6/4/19
The unanswered question is: how large is the demand, at restaurants, for a product that costs more, has the same calorie count and fat content, has a lot more sodium (which creates high blood pressure), but has no cholesterol and contains useful elements such as Thiamin (which helps with nerve, muscle and heart function), B12 (helps with fatigue) and Zinc (for prostate health)?
We do not expect the introduction of meatless products to restaurant menus to improve sales in any meaningful way. The new meatless products taste fine, by all reports, but we haven’t heard anyone say that they taste “better”, and help to justify a higher price. The long term health benefits as described just above are too subtle for most restaurant customers to care much about. Just look at the size, and the nutritional values, of the portions at Cheesecake Factory, Cracker Barrel, and almost everyone else. This, too, in terms of stock market excitement and restaurant industry focus, shall pass.
ENTIRE ARTICLE – AS OF 6/4/19
THE “IMPOSSIBLE BURGER” – HOW WILL IT IMPACT THE RESTAURANT INDUSTRY?
We have all been reading, for weeks now, about the huge potential for meatless food products. Beyond Meats (BYND) came public five weeks ago (5/1/19) at $25.00 per share and has gone up a cool four times in value. The total market value of BYND is about $6 billion, and the company is expected to generate (according to Bloomberg) $205M of sales in 2019 (up from $88M in 2018), then $335M in 2020. Profits are nonexistent, having lost $4.56/share in 2018, still expected to lose $0.40/share in 2019, then lose $0.18 in 2020. Safe to say that BYND common stock is trading several years ahead of the fundamentals. This is not unusual, however, when rapidly growing companies have caught investors’ fancy.
The other prominent supplier of plant based meat products is Impossible Foods, which has introduced a variety of products, including the widely promoted Impossible Burger. Impossible Foods is privately held, so we don’t know what their revenues and profits look like, but they recently raised $300 million and have reportedly raised a total approximating $750 million since the founding in 2011.
There have been couple of noteworthy announcements from public companies relating to meatless products. (1) A small company called Chanticleer Holdings (BURG), which operates several burger based concepts, announced on 5/8 (a week after BYND came public) a partnership with BYND, where Beyond Meat burgers will be offered at Chanticleer various brands. That day, May 8th, BURG stock ran from about $1.48/share to almost $3.00 per share, with almost 15 million shares trading. It closed that day at $1.94 and has drifted lower ever since to an all time low around $1.00 per share. (2) Restaurant Brands (QSR) announced on April 1st that their 59 Burger King restaurants in and around St.Louis were going to start serving the Impossible Burger. After reporting that the St.Louis test generated an 18% traffic gain in April, QSR announced on May 14th that they were introducing the Impossible Burger into three new markets, Miami FL, Columbus GA and Montgomery AL. While noone is suggesting that an 18% gain in traffic is to be expected, BMO analyst Peter Sklar wrote on 5/22 that Burger King’s same store sales could be increased by 450 basis points with a national rollout by yearend. For what it’s worth, QSR stock was trading around $65 on April 1st (with the first announcement), around $67 in mid May when the additional three markets was announced, at about $68 when BMO provided their expectation, and at about $65. today. To be sure, there are a lot of moving parts at QSR, other than Burger King, and apparently Tim Horton’s is not doing as well as expected right now. Again, for whatever its worth, and for whatever combination of reasons, CEO, Jose Cil sold $8.7M of his shares on May 28th, at $68.28 per share, about 17 percent of his holdings. This would probably not imply that the Impossible Burger was going to shake (or shock) the world at Burger King. Click Here to Learn about Franchising Your Business
THE MARKETPLACE VERDICT
Aside from the skyrocketing stock price of Beyond Meats, the marketplace verdict relative to Restaurant Brands and Chanticleer Holdings (an admittedly very small sample) is that the Impossible Burger is not a game changer. One obvious reason is that no single restaurant company will have an exclusive on meatless burgers. In fact: White Castle, TGI Fridays, Del Taco Restaurants, Carl’s Jr. and Red Robin Gourmet Burgers have all introduced Beyond Meat and Impossible Foods products over the past 18 months. We haven’t heard shockingly good sales or traffic numbers from any of these chains. If there is substantial long term demand, everyone will offer it and noone will have a competitive edge.
OUR LONGER TERM VIEW
It is unclear how many new customers will choose one restaurant over another based on a meatless alternative. It is already clear that the cost of goods per unit for the meatless product is higher, so the menu price will be higher as well. It is unclear to us how many consumers are prepared to pay more, especially when (1) the calorie count is the virtually the same and (2) the fat content is approximately the same. We will detail shortly more specifics about nutritional comparisons, but we believe that calorie count and fat content are the two nutritional elements that customers will care about, if they care at all. We have our doubts about how well educated, relative to nutritional considerations, the consuming public is. The average American is twenty five pounds heavier over the last thirty years, and there is a monstrous amount of fried chicken, french fried potatoes, and cheesecake consumed. Also, we are not aware that the addition of calorie counts to menus has changed consumer menu choices. Before we wrap up this discussion, here are more nutritional comparisons of the two products.
A quarter pound beef patty has 260 calories, the Impossible Burger 240. A patty has 22g grams of fat, the IB also 22g. A patty as 94 mg of cholesterol, an IB zero. A patty has 89mg of sodium (4% of the Daily Value), an IB has 370mg (16% DV)(not so good). A patty has no Thiamin, and the IB has 2350% of the DV (that’s good). A patty has no B12 and an IB has 130% of the DV (that’s good). A patty has no Zinc and the IB has 50% of the DV (that’s good).
CONCLUSION
The unanswered question is: how large is the demand, at restaurants, for a product that costs more, has the same calorie count and fat content, has a lot more sodium (which creates high blood pressure), but has no cholesterol and contains useful elements such as Thiamin (which helps with nerve, muscle and heart function), B12 (helps with fatigue) and Zinc (for prostate health)?
We do not expect the introduction of meatless products to restaurant menus to improve sales in any meaningful way. The new meatless products taste fine, by all reports, but we haven’t heard anyone say that they taste “better”, and help to justify a higher price. The long term health benefits as described just above are too subtle for most restaurant customers to care much about. Just look at the size, and the nutritional values, of the portions at Cheesecake Factory, Cracker Barrel, and almost everyone else. This, too, in terms of stock market excitement and restaurant industry focus, shall pass.
Roger Lipton
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About Roger Lipton
Roger is an investment professional with over 4 decades of experience specializing in chain restaurants and retailers, as well as macro-economic and monetary developments. After earning a BSME from R.P.I. and MBA from Harvard, and working as an auditor with Price, Waterhouse, he began following the restaurant industry as well as the gold mining industry. While he originally followed companies such as Church’s Fried Chicken, Morrison’s Cafeterias and others, over the years he invested in companies such as Panera Bread and shorted companies such as Boston Chicken (as described in Chain Leader Magazine)
As a small business owner, time and cost savings are precious. Make sure you know what tools your business needs to function smoothly, and choose the most efficient, cost-effective equipment to meet those needs. Whether it’s a good phone system, up-to-date computers or a shredder to safely dispose of sensitive documents, your business is only as good as the equipment you rely on.
4 key resources small businesses need to succeed
(BPT) – SPONSORED
From small home offices to co-working spaces to hotels and airplanes — as a small business owner, you’ve likely learned that being flexible with your work environment is critical to establishing and growing your business. No matter the spaces you travel to and run your business from, there are a few important resources to have in place to ensure that your operations are productive, efficient and a step ahead of your customer’s needs.
Office-quality equipment at consumer prices
As a small business owner, time and cost savings are precious. Make sure you know what tools your business needs to function smoothly, and choose the most efficient, cost-effective equipment to meet those needs. Whether it’s a good phone system, up-to-date computers or a shredder to safely dispose of sensitive documents, your business is only as good as the equipment you rely on. For example, a great product to invest in is a high-quality, reliable cartridge-free printer, like the Epson® EcoTank® Monochrome Supertank printer. Print more and worry less with a printer that comes with an easy-to-fill supersized ink tank that holds enough ink to print up to 6,000 pages and has a fast first page out time. Available in-store at Office Depot and OfficeMax, the Epson EcoTank wireless SuperTank printers also allow you to use voice-activated printing via Amazon Alexa, Google Assistant and Siri, giving you the convenience to focus on what’s most important for your business.
Professional IT support
Build a tech support team that keeps your business running no matter where you are. You likely don’t have the time to run your business and be your own IT support help desk. With help from a 24/7 remote tech support team from Workonomy™ at Office Depot, you can have access anytime and anywhere to a dedicated experienced tech support team by chat or phone. There’s never a good time for computer problems, but with a reliable 24/7 tech support team that helps with everything from data recovery to virus scans, you can have confidence that your tech will be running smoothly and optimize your business for efficiency.
A method and a space for resetting
Just because you can bring the office with you wherever you go doesn’t mean you should. Make time to leave it all behind. Create a toolbox of activities that help you reset, relax and rejuvenate your thoughts so you can bring fresh ideas to your business. From a brisk walk or a podcast episode to a phone call with a friend, choose one or two activities that you can quickly call upon each day to reset your mind and passion.
A workplace that’s as flexible as you are
Whether you are traveling, meeting a new client, need some help with your laptop or just want a small space to call your own, a great resource to have on hand is a co-working space. Office Depot’s Workonomy™ Hub co-working service provides support and assistance to home-based and small businesses in select locations. From private offices and conference rooms to daily drop-in, there’s a space and a plan that fits your work style. You can also take advantage of services including tech support, storage, packing and shipping, and more. Check out the available services and locations near you at officedepot.com.
Being a business owner requires you to wear a lot of hats and sometimes work in unique and on-the-go places. Your environment doesn’t have to impact the output of your business. With the right equipment and tech support, outlet to relax, and a flexible co-working space, you can set your business up to run efficiently and give yourself more time to do what you’re most passionate about. Sponsored by Office Depot.
This post is to simply inform and alert any franchise CMO who inherits one of these troubling vendor relationships. If you don’t own control of your online assets, you’re going to have unfriendly challenges ahead of you. We’re currently on boarding several clients that are experiencing these challenges. Here are a few results that we’re seeing with brands that are transitioning from this arrangement.
The franchising community is complicated. With thousands of franchisees operating under thousands of corporate brands, breakdowns in communication are inevitable. As partners of these brands and franchisees, the franchise marketing community should be working to build trust and stability throughout the franchising network, not actively adding to the confusion.
Unfortunately, many franchise marketing vendors are misleading the franchising community. As some vendors put franchise websites on custom content management systems, they’re neglecting to tell these brands the consequences of this arrangement. Mainly, that franchise brands are unknowingly relinquishing ownership of their site and other web assets.
This arrangement might not seem like a big deal at the outset of an engagement. But when these brands decide to change course, it’s the brands that are left with the complicated transition — a transition that threatens long-term damage to not only their online presence, but the brand itself.
This post is to simply inform and alert any franchise CMO who inherits one of these troubling vendor relationships. If you don’t own control of your online assets, you’re going to have unfriendly challenges ahead of you. We’re currently on boarding several clients that are experiencing these challenges. Here are a few results that we’re seeing with brands that are transitioning from this arrangement.
* It’s your logo. They’re your words. But they aren’t your pages. Your site pages are being hosted and managed by a third-party business.
* When transitioning off the vendor-owned pages, if you don’t own your content (images, videos, etc.), you will be starting from scratch.
* Some vendors are including proprietary tracking code within your site structure. If not identified properly, this can cause significant issues during site transition.
* If you’re using a subdomain hosted on a separate IP address, you will not get the same SEO benefit, and will need to spend time pointing links to new subdirectory location pages.
* Lack of custom Content Management System (CMS) build out.
* Limitations with Conversion Rate Optimization (CRO) strategies.
Whether these imbalanced vendor-client relationships stem from a genuine misunderstanding or an unethical approach, it’s imperative that all franchise brands are aware of the potential pitfalls of the arrangement. I’d love to continue the discussion.
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ABOUT THE AUTHOR – Andrew Beckman
As Chairman of Location3, Andrew Beckman oversees strategic direction and business development initiatives in conjunction with the agency’s Executive Board. Andrew founded Location3 Media in 1999 as a direct response digital partner with a portfolio of services that included PPC management, SEO, local search marketing, display marketing, social media marketing, content strategy, website design & development, web analytics management and more. Since 1999, Location3 has evolved into a full service digital marketing agency that delivers enterprise-level strategy with local market activation.
Prior to founding Location3, Andrew was an international sales manager for DoubleClick, Inc. where he was charged with opening new sales offices, as well as training teams on U.S. search marketing strategies for the original AltaVista Search Engine. Andrew is an expert in local search marketing strategy and is a frequent presenter at industry conferences including SES, SMX, StreetFight Summit, ClickZ Live, PubCon, BIA Kelsey and more. Follow him on Twitter. ——————————————-
ABOUT LOCATION3
Location3 is a digital marketing agency that delivers enterprise-level strategy with local market activation.
As the premier digital marketing partner for franchise brands and multi-location businesses, we operate under the belief that Everything Is Local. That means using our digital expertise and proprietary technology to connect businesses with the customers who are searching for their solutions.
The U.S. Census Bureau’s 2012 Survey of Small Business Owners found that 2.52 million businesses in the United States (or 9.1%) are majority-owned by veterans. There are many resources available for veterans interested in starting or growing their business, including those from the U.S. Small Business Administration.
Dreaming of starting a new business? Remember these 5 things
(BPT) – If you’re dreaming about starting a business, or if you’re already a business owner looking to grow your business, chances are that you’ll need a loan at some point to help your vision become reality. And if you’re a veteran or active-duty servicemember, you already possess the skills and vital experience needed to make your business a success.
“From resourcefulness and determination to the ability to take smart risks, military experience teaches skills that translate well for business ownership,” said Tony Pica, vice president of business services at Navy Federal Credit Union.
The U.S. Census Bureau’s 2012 Survey of Small Business Owners found that 2.52 million businesses in the United States (or 9.1%) are majority-owned by veterans. There are many resources available for veterans interested in starting or growing their business, including those from the U.S. Small Business Administration.
What are lenders looking for? Here are five considerations to keep in mind before securing a loan for your business:
1. Do your market research and prepare a solid business plan.
Doing research on the industry and preparing a solid business plan is an important step to take when seeking financing for your company. If you can demonstrate to lenders that you’ve done your due diligence — created a detailed business plan, have a trusted team, know the demand for your product or service, and developed a sales strategy to show the viability of your business — you’ll be much more likely to convince them to take a chance on you and your company.
2. Review your overall financial profile.
“Your complete financial health demonstrates your creditworthiness to lenders, so it’s best to review your credit history before applying for a business loan,” Pica said. “You’ll also want to know the amount of money you need to borrow and what exactly it will be used for.”
Presenting your complete background, such as your education and experience, including whether you’ve worked at or managed a similar business in the past, can also make a big difference.
3. Be willing to invest some of your personal money.
Depending on the lending request, you might need to provide a cash injection or collateral. This may include your home, a vehicle, marketable securities or tangible inventory. The lender wants to make sure that you’re willing to put your own skin in the game. In many cases, a certain amount of capital may be required by law.
4. Expanding an existing business? Demonstrate evidence of continued success.
Lenders will want to see evidence of your past and projected cash flow as a result of expanding your existing company. If the loan is for a new business, you’ll need to show lenders your ability to repay it by providing a detailed explanation that includes projected expenses and income, based on solid research.
5. Partner with your trusted financial institution.
Once you’ve done your market research and developed a concrete business plan, talk to your trusted bank or credit union about the business lending products and services available to you.
For example, Navy Federal Credit Union Business Services provides more than just loans for equipment, vehicles and commercial real estate for its members. It provides a whole suite of options, such as business checking and savings accounts and business credit cards, as well as assistance with bill pay, payroll processing, insurance policies and retirement coverage for employees.
Financing your budding business can be a smooth process with these considerations in mind.
Often, leaders at small businesses with few employees feel protected from or less susceptible to fraud or unethical conduct because of the close-knit nature of their teams. But research shows unethical behavior is more widespread than they realize, and not confined to one type of business.
Small business: How ethics can help your bottom line
(BPT) – The last thing any company wants is a misstep that hurts the trust it has built with customers. This is especially true for smaller businesses, which may not have the resources to recover from a reputation setback. To prevent mistakes, bad decisions and wrongdoing, smaller businesses can take a proactive approach to developing ethical business leaders and business cultures. Experts say when businesses do that they can achieve benefits for their bottom line, their employees and the common good.
It can happen anywhere
Often, leaders at small businesses with few employees feel protected from or less susceptible to fraud or unethical conduct because of the close-knit nature of their teams. But research shows unethical behavior is more widespread than they realize, and not confined to one type of business. According to a 2017 Ethics and Compliance Initiative survey, nearly 47% of U.S. employees at companies of all sizes said they personally observed workplace conduct that “either violated organizational standards or the law.”
A 2018 Better Business Bureau survey found that 84% of consumers trust small businesses the most. That’s important for business owners to recognize, because the more trust a consumer puts in your company, the greater the ramifications when that trust is broken. This means business leaders have every incentive to develop strong ethical standards and cultures.
Empowering businesses
One university is looking to empower smaller businesses through a new open-access website. The University of St. Thomas recently launched the Business Ethics Resource Center (BERC), with U.S. Bank as the founding sponsor. The BERC is part of the university’s Center for Ethics in Practice in the Opus College of Business and provides resources for small and midsized businesses, focusing on ways they can develop ethical leaders and cultures.
Resources include videos, articles, toolkits, example plans and other multimedia assets that can help companies promote ethical conduct as part of their core mission. The BERC is designed to help time-strapped business leaders develop and sustain a strong ethical culture within their organizations and realize the inherent benefits that come along with that.
The benefits of ethics
While it’s difficult to determine the true cost of developing an ethical culture within your organization, it’s clear there are several tangible benefits. For starters, practicing ethics can help you avoid costly legal issues while enhancing your company’s reputation. It will also help you build customer loyalty, with 80% of customers saying they are more loyal to a company with good ethics, according to a recent survey from Salesforce. The same qualities that attract customers will also increase your ability to attract and retain outstanding employees. When you’re able to establish ethical standards as the foundation of your company values, you foster a more positive, meaningful work culture for your employees.
Promoting ethical conduct and compliance doesn’t have to be expensive. By utilizing the resources available and cementing strong ethical standards as a critical part of company values, businesses can establish an ethical company culture that benefits everyone involved.
Many Veterans find their transition to be very challenging because they’re used to either preparing for a mission or executing one. They return home only to find that they no longer have that focus or a team around them.
Franchise opportunities for Veterans abound.
What’s Your Next Mission? By Rich Vaill
VP, Business Banker | Marine Corps Veteran | Veterans employment advocate
I used to meet with my Platoon Sergeant on a regular basis to ensure we were on the same page and to discuss any challenges. One morning, we sat down to talk about a young Marine who continually got into trouble. Although I thought the Marine was intelligent and had potential, his mistakes and poor judgement left me unsure as to how to approach the problem.
My Platoon Sergeant suggested that we place him in charge of our publications and resource section. Puzzled, I asked, “You want to reward his mistakes with a new responsibility?” He explained that while he was also troubled by the Marine’s decisions, he recognized the young man’s potential and wanted to provide him with this new challenge.
It was a great decision, as the Marine embraced the role, improved the overall effectiveness of the section and became a top performer. We promoted him to Corporal a few months later.
Many Veterans find their transition to be very challenging because they’re used to either preparing for a mission or executing one. They return home only to find that they no longer have that focus or a team around them. It can make for a tough time, so it’s important that Veterans find another mission to embrace. I was lucky enough to discover my passion for helping my fellow Veterans find employment on which to focus my attention.
I was chatting about this with a friend, and we came to the conclusion that everyone needs a “next” mission. It’s certainly not just for those who have served in the military. Everyone can benefit from having a daily and/or long-term purpose.
It might be something as simple as helping your kids through Algebra, more extensive like becoming involved in a local charity or assuming a new role within your company. Either way, it’s something that demands your attention and, hopefully, yields a positive result.
Whether it’s a personal objective like helping a family member, a new challenge in your career or starting a business, a new mission gives you renewed focus and a chance to thrive.
“When you discover your mission, you will feel its demand. It will fill you with enthusiasm and a burning desire to get to work on it.” – W. Clement Stone
————————————- About the Author
Rich Vaill works with Professional Service businesses and Veteran entrepreneurs who are:
* Worried about rising costs and decreasing cash flow
* Unsure about how much working capital they should have on hand
* Frustrated with the amount of time it takes to perform simple banking operations
At my core, I’m a Marine. As a Marine in Business Banking, I focus on what’s important to my clients and I get it done.
Specialties:
Escrow | 1031 Exchanges | Cash Flow Optimization | Credit Solutions | SBA Loans
Founder of LinkedIn group, “Jobs for Veterans”
President – New Jersey Chapter of the National Marine Corps Business Network
I may be contacted at 973 699-5616 (c)
When a loved passes, many issues arise regarding assets IE: succession and the distribution of acquired wealth. This includes all personal property, real estate and in many cases, a business. Usually a trusted family member was assigned the task as “executor” of a Will. However, what happens if that person is mishandeling the process through negligence, incompetence or for personal gain. Today our guest contributor; Spencer Lauterbach, Esq, addresses the problem and the solution. Take this advice when planning your business succession plan you put in place
If a loved one has recently passed away and you believe his or her executor is mismanaging the deceased’s assets in some way, you may wish to have him or her removed from the position. If you are looking to remove an executor, here are some of the questions you may have:
What does an executor do?
Executors bear a lot of responsibility. First, they will open probate and identify the deceased’s assets. An executor will then notify all beneficiaries, pay off the deceased’s remaining debts, distribute assets amongst heirs, and finally close out the estate. Executors are essentially responsible for ensuring the administration process goes swiftly, smoothly, and according to plan.
What is a valid reason to remove an executor from the position?
* He or she is ineligible for any reason
* He or she is incompetent or has become incapacitated
* He or she is unqualified
* He or she is purposefully or negligently mismanaging the estate
How can an executor behave irresponsibly?
There are several ways in which an executor can either behave negligently or break the law. Executors must obey the following rules:
* Never sign a will on behalf of the deceased
* Never change provisions in a will
* Never carry out a will before its creator is deceased
* Never deter, coerce, or prevent beneficiaries from contesting a will
* Never sell the deceased’s assets for less than fair market value without the beneficiaries’ consent
How can I remove an executor?
Fortunately, those who believe an executor is mismanaging assets have legal options to get the irresponsible executor removed. Rather obviously, talking is a solid first option. You should not have to get involved in a nasty legal situation with a relative if you can simply voice your concerns and move on. However, if you have already tried, or are unable to communicate with this person for any reason, you may petition the court to remove the executor. Once you do, you and the current executor will attend a hearing, where a courtroom will listen to both sides of the story. From here, the court will decide whether to remove the current executor and appoint a new one.
Additionally, you may file a civil lawsuit against the executor as well, especially if you can prove he or she acted maliciously or dishonestly when carrying out his or her duties as executor. If you have suffered significant damages and can prove it was because of an irresponsible executor, there is a very good chance you can recover some of those damages through a lawsuit.
About the author: Spencer Lauterbach, Esq.
The Lauterbach Law Firm is proud to serve clients throughout Rockland County who are faced with legal matters related to estate planning, real estate, foreclosure defense, landlord-tenant law, business law, and criminal defense. If you require the services of an experienced team of attorneys, contact The Lauterbach Law Firm today to schedule a consultation.
Burger Village Is Going International!
24 Sep, 2019
We’ve been waiting for the right time to announce this, but we just simply can’t contain our excitement any longer. Burger Village is OFFICIALLY GOING INTERNATIONAL. That’s right, our new Canadian location will be opening soon, and our northern neighbours seem to be just as excited as we are. Our food is organic, all-natural, and provided by local farmer families that give our customers the quality & great tasting food that they’ve come to expect. There is a lot for Canadians to be happy about. From the Toronto Raptors winning the NBA Championship, having a thriving national infrastructure, to having some of the most beautiful and natural landscapes in the world. Now we are proud to say you can add Burger Village to that list!
Why Is Organic Such A Great Choice To Make?
If not just for yourself, choosing to eat organic foods is also a great way to help protect our environment. Our farmer families treat their animals with love and dignity. Those farmer families then provide those animal products to our locations and give our customers some of the freshest tasting food they’ve ever had. Burger Village is slowly but surely continuing to grow our brand and provide our customers with more of the great food they’ve come to expect from us.
Our customers love our food because they know what they’re eating is REALLY GOOD and made with REAL & CLEAN INGREDIENTS. Everything we make is:
We take pride in the fact that every animal product we use is obtained in a natural & humane way. This ultimately results in our customers enjoying food that is much more delectable, nutritious, and ecological than most other restaurants. This practice also helps to promote & support our farmer families who are ultimately the backbone behind our success.
What Separates Us From The Rest? We Just Care More!
Our newest Burger Village location here in Canada will be an eco-friendly establishment. It will also be constructed using reclaimed wood and biodegradable materials. Did we also mention that our beer selection will come from LOCAL BREWERIES? We also pride ourselves on having gluten-free options and being a peanut-free establishment that is inclusive to all of our customers. Burger Village is a healthier alternative to most similar restaurants because we care more about our customers and the quality of the food that we sell those customers.
Burger Village is rapidly growing and constantly looking to spread the word about organic food and all of the benefits that come along with it. We’re going to spread that message one customer and one burger at a time. Slowly but surely we are hoping to branch out to even more locations near you (including more in Canada after our new location officially opens). Are you as excited as we are? We sure hope so; and if you are excited, let us know on social media! You can follow us on Twitter @burgervillageny or on Facebook @burgervillageny.
Franchising Opportunities Are Still Available!
Burger Village has teamed with franchise industry expert, Gary Occhiogrosso, the founder of Franchise Growth Solutions, LLC, to expand the turnkey Burger Village fast casual QSR (quick service restaurant) business model from eleven (11) in 2019 to twenty-five (25) locations by 2022. Burger Village franchises are currently available in most territories nationwide.
Mr. Occhiogrosso has over 30 years’ experience in franchise development and sales and was integral to the success of nationally recognized brands including Ranch *1, Desert Moon Fresh Mexican Grille, and brands found under the multi-brand franchisor, TRUFOODS, LLC.
For information on owning your own Burger Village franchise, please contact Gary Occhiogrosso at 917.991.2465 or via email at [email protected] or log on to our franchising opportunities website at: http://www.burgervillagefranchise.com
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ABOUT BURGER VILLAGE
Burger Village is an all-natural, hormone-free burger concept that uses fresh and organic ingredients to create nutrition-rich meals for active consumers who want to eat well when dining out. From six locations in New York and five in California, Burger Village has grown into a recognized lifestyle brand that combines the growing trend toward clean and healthy dining with a socially responsible business model.
ABOUT FRANCHISE GROWTH SOLUTIONS, LLC
Franchise Growth Solutions, LLC is a strategic planning, franchise development and sales organization offering franchise sales, brand concept and development, strategic planning, real estate and architectural development, vendor management, lead generation, and advertising, marketing, and PR including social media. Franchise Growth Solutions’ proven “Coach, Mentor & Grow®” system puts both franchisors and potential franchisees on the fast track to growth. Membership in Franchise Growth Solutions’ client portfolio is by recommendation only.
For more information on the Burger Village fast-casual restaurant concept, please visit burgervillage.com.
For information on owning your own Burger Village franchise, please contact Gary Occhiogrosso at 917.991.2465 or via email at [email protected] or log on to our franchising opportunities website at: http://www.burgervillagefranchise.com
Our friend and franchise expert Ed Teixeira interviews Peter R. Taffae, MLIS, CFE and Managing Director Executive Perils, Inc. on the topic of Cyber Security Claims and Sexual Harassment claim that all employers need to protect themselves against.This important topic has faded from the mainstream ews media but remains a real problem that employers need to focus on…
Franchises Need To Protect Themselves From Increased Sexual Harassment And Cyber Security Claims
After hitting a two-decade low in 2017, sexual harassment complaints to the Equal Employment Opportunity Commission increased by more than 12 percent from last year. The federal agency has also been aggressive with litigation this year, filing 41 sexual harassment lawsuits so far, up from 33 in 2017. At the same time, cyber-crimes which involve the theft of personal information has cost some companies millions of dollars in damages to its reputation and from monetary claims.
Employer Liability Claims Increase
Over the course of this year, stories of sexual harassment have dominated the headlines. In what USA Today dubbed the “Weinstein Effect,” various sized companies have witnessed employees take part in the #Me To movement. This increased focus on sexual harassment has created a surge in protests, discrimination lawsuits, and government investigations, with almost no industry being immune, including a recent demonstration against McDonald’s franchise locations. Regardless of whether a sexual harassment allegation has merit, these claims can cause a company significant damage to its brand and sales. Seven in 10 human resource professionals said they believe sexual harassment complaints at their workplaces will likely be “higher” or “much higher” in 2018 compared to previous years.
A poll by the Human Resource Certification Institute found that “63 percent of HR professionals said that acts of sexual harassment “occasionally” or “sometimes” occur in their workplaces and 30 percent said that such acts “frequently” occur. Only seven percent said that such acts “almost never” or “never” occur.” The trend toward more sexual harassment lawsuits appears to continue as the EEOC increases efforts to crack down on sexual harassment. The EEOC has launched online access for employees to file harassment charges from their homes, with the EEOC.
Employment-related risks can represent the most damaging exposure to a franchiser. Claims involving sexual harassment, wrongful termination or discrimination, from a current or former employee can potentially cause irreparable damage to a franchise brand and reputation resulting in significant financial cost.
To gain more insight into employer liability and especially sexual harassment claims I spoke with Peter R. Taffae, MLIS, CFE and Managing Director Executive Perils, Inc. In 2014 they introduced a management liability policy, FranchisorSuite®, designed for the unique needs of Franchisors.
Q. How extensive are employer liability claims?
A. Companies of all sizes and industries have been affected by a surge in employment-related litigation and rising legal damage awards.
Q. What can be done to mitigate those risks?
A. Be sure that franchisers, franchisees and their employees are properly trained to understand the risks of sexual harassment, unlawful terminations, and discrimination claims. Have the proper procedures and protocols in place and have financial protection.
Q.What does the future hold for sexual harassment claims?
A. The threshold has been raised for what is appropriate in the workplace. This means that the expectation for proper employment practices is higher. Some experts believe that it will take 10 to 15 years to reverse the trend as current middle age retirees are replaced by today’s younger generation.
Q. Any other threats that franchises face?
A. One area related to the franchise industry that doesn’t receive a lot of coverage is cybersecurity. Every state has primary notification laws, which that when there is a breach of a customer’s personal data, the company or franchiser must notify every customer. In addition, there is no statute of limitations regarding these crimes. For example, if I purchased a meal at a franchise location 10 years ago and their system was hacked, and my personal information was stolen, that franchise is liable.
Franchise restaurants process so many credit cards and have the extensive point-of-sale equipment, that they are vulnerable to data theft. Websites, Wi-Fi and digital kiosks represent additional threats. Any franchise which does any of the following is at risk for a cyber-attack; Accepts credit cards, handles or views private information of employees or customers electronically, has Wi-Fi or conducts a portion of their business online.
It’s important that each component of the franchise industry be prepared to protect themselves from the threat of employer liability and cybersecurity claims.
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About the Author: Ed Teixeira is Chief Operating Officer of Franchise Grade and was the founder and President of FranchiseKnowHow, L.L.C. a franchise consulting firm. Ed has over 35 years’ experience as a Senior Executive for franchisors in the retail, healthcare, manufacturing and software industries and was also a franchisee. Ed has consulted clients to franchise their existing business and those seeking strategic solutions to operational, marketing and franchise relations issues. He has transacted international licensing in Europe, Asia, and South America. Ed is the author of Franchising from the Inside Out and The Franchise Buyers Manual and has spoken at a number of venues including the International Franchise Expo and the Chinese Franchise Association in Shanghai, China. He has conducted seminars, written numerous articles on the subject of franchising and has been interviewed on TV and radio and has testified as an expert witness on franchising. He is a franchise valuation expert by the Business Brokerage Press. Ed can be contacted at [email protected]
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