The law relating to disclosure, registration & financial aspects in franchise: A study in Algeria

• Main Author: Bekhouche, Imed Eddine
• Format: Thesis
• Language: English; English
• Published: 2023
• Subjects: HF5001-6182 Business; HG Finance; K Law (General)
• Online Access: https://etd.uum.edu.my/10808/1/permission%20to%20deposit-grant%20the%20permission-s901879.pdf; https://etd.uum.edu.my/10808/2/s901879_01.pdf; https://etd.uum.edu.my/10808/

With a population of around 43 million, Algeria is one of the biggest franchising markets in the world in terms of new business opportunities. However, the absence of specific franchise law in the disclosure documents, registration and financial aspects impacts the development of franchise business in Algeria. Therefore, the objectives of the thesis are to examine the legal framework relating to disclosure, registration and financial matters of franchises in Algeria; to analyse the current practice of the stakeholders in Algeria; to analyse the laws relating to franchising in the disclosure, registration and financial in Tunisia, South Africa and Malaysia; and to recommend a model of law to improve franchising in Algeria. By adopting a doctrinal legal method, this thesis critically examines legal issues in franchising in Algeria relating to disclosure, registration, and financial aspects. It employs the interpretive doctrinal technique and the thematic analysis in analysing the legal materials and the interview data. The thesis also examines and compares franchising laws in other countries, particularly Tunisia, South Africa and Malaysia, as a guide for a model of laws to Algeria. The data collection was through the library-based approach and 12 semi-structured interviews with selected stakeholders from the franchising field. The study discovered several findings: there is an absence of a specific law governing the registration of the franchise business, and no obligation to provide disclosure documents and financial obstacles that prevents franchising development in Algeria. Hence, there is a requirement to establish a specific law to regulate franchises in Algeria. This law should stipulate the obligation of submitting disclosure documents, stipulates the registering of franchising, and allows the payment of royalties and fees abroad. The thesis also found that the Malaysian Franchise Act 1998 provides more details on the registration process, and Tunisian law provides the most comprehensive list of information required for disclosure. To facilitate royalty transfers in franchising, Algeria should follow the two systems of South Africa and Tunisia. Subsequently, the study recommends a model of law through the combination of the franchise laws of the three examined legal systems, Tunisia, South Africa, and Malaysia.