Buying a franchise? Learn how personal guaranties can expose you to obligations under the franchise agreement, lease, financing, and other contracts.
Continue Reading Personal Guaranties in Franchising: What Are You Really Putting at Risk?

Many franchise buyers focus on what the franchise representatives say the franchise will do for them and overlook the written contract that actually governs the relationship. Common mistakes include assuming the agreement is standard, underestimating exit restrictions, overlooking long term costs, and signing before fully understanding risk. A careful reading of most franchise agreements reveals…

Franchise agreements are negotiable more often than people think. The franchisees who have the most success focus on three to five high impact issues, remain patient throughout the process, and are genuinely willing to walk away if the deal does not make sense. The ability to say no is often what creates leverage.

Can franchise…

Starting a business isn’t for everyone.

Here are five of the top qualities I have noticed in my most successful business clients.

1. Resilience

Your ability to endure punches—and keep swinging—is your most valuable asset. The market will test your patience, your stamina, and your confidence. If you crumble at the first sign of difficulty…

In sports, the little things are often the difference between winning and losing.

At Brick Gentry, we have extensive experience in providing legal services for professional athletes, college athletes, and universities. From contract review to drafting agreements, including those covering Name, Image, and Likeness (NIL) rights, our goal is to ensure that our clients are…

You’re busy.

Running a business means managing a million things at once, and legal paperwork often takes a backseat. But if your operating agreement is outdated, it could cost you more than you think.

First, Avoid Costly Disputes

An up-to-date LLC operating agreement keeps everyone on the same page. It outlines each owner’s roles, how…

The State of Iowa has now created a fund to help Targeted Small Businesses with no employees that have been impacted by the Covid-19 pandemic. The program offers eligible small businesses grants ranging from $5,000-$10,000 to businesses that are single owners with no employees that are also TSB certified, or have an application submitted to…

There have been a series of changes over the past year in federal regulations that impact your old LLC operating agreement. Since I see on a regular basis operating agreements that do not incorporate the changes in the regulations, I thought I would mention a key change in this post. With the new regulations there is no longer a “tax matters partner” which you will see in most operating agreements. Instead, the LLC (partnership) must designate a Partnership Representative (the “PR”) who does not need to be a partner. The PR is similar to, but is different from, the tax matters partner. Formerly, the LLC/partnership was required to designate a tax matters partner to act as a liaison between the partnership and the IRS. That tax matters partner was required to be a general partner and could be an individual or an entity. The tax matters partner had the authority to bind the partnership, but not to bind other partners in the partnership. Also, a partner that was not the tax matters partner had rights during an examination, including certain notification rights and the right to participate in the proceeding.
Continue Reading Review Your Old LLC Operating Agreement: No More Tax Matters Partner