Legal Question in Business Law in New Jersey

I own a small business franchise as an LLC with my partner. We have automatic withdrawals taken out of our business account every month from our national headquarters. If I set up another checking account that they can't touch am I doing anything legally wrong? Our franchise is over in Jan 2011.


Asked on 9/24/10, 2:45 am

3 Answers from Attorneys

Barry Kozyra Kozyra & Hartz, LLC

It depends on what your franchise agreement states. Very often the franchisor mandates access to the franchisee's account to make sure payment is timely an all receipts are accounted for under the agreement.

If you would like I can take a look at it and see if there is any recourse.

Please call for an appointment if you are interested.

Disclaimer: Your question and any response given are not intended to create an attorney-client relationship. The response given is not intended to be relied upon by you or anyone else as it is based only on the limited information which you have provided. Other information is needed before advice can be given including facts which you have not supplied which may change the response to your question. You should consult with an attorney as soon as possible to assess your legal rights so as not to prejudice yourself.

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Answered on 9/29/10, 6:30 am
Amy Klauber Klauber & Klauber, LLP

I need more information about your agreement before I can answer your question.

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Answered on 9/29/10, 6:42 am
Robert Davies The Davies Law Firm, P.A.

You can set up whatever bank account you want, and it is not illegal, BUT it might violate the franchise agreement. I would need to see the agreement to tell you.

You have another problem: the franchise is over pretty soon, January 2011. When the franchise ends, what will happen? You do not want the company to just take away your franchise and give it to someone else to run in your town. There is a lot of talking and planning to do for you. You have a lot of hard work and money in this.

Give me a call, make an appointment to come see me, and let's get moving on this for you.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the answer to your question. You can not rely upon what I have written, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. For me to give you any legal advice, I would need for you to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.

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Answered on 9/29/10, 7:33 am


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