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IFA Legal Symposium: Financing Remains Immense Problem for Franchisors

BY Kevin Adler
May 27, 2010

Conversation at the 41st annual International Franchise Association (“IFA”) Legal Symposium in Washington, DC, focused on the challenges that franchisors and franchisees are facing in obtaining financing for continuing operations and expansion, as well as other impacts of the two-year U.S. recession. As the U.S. economy recovers, franchise entrepreneurs and attorneys said that lending has yet to return to corporate America.

The tough funding environment has significant implications for franchise businesses, said a panel of legal and business experts in the keynote panel at the conference. Perhaps surprisingly, the panelists said that the impact of the recession will not be universally negative, because a stronger, smarter franchising industry is poised to emerge from the wreckage. With lenders looking much more carefully at franchise brands and individual franchisees, the weaker operators that were able to obtain funding in the past will not be likely to gain market entry in the future.

“In the last few years, [new] franchise registration has looked like the dot-com boom and bust,” said Philip Zeidman, partner, DLA Piper US LLP. “The numbers doubled early in the decade, and then they dropped back below the levels of 2004.”

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