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

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...

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Main Author: Bekhouche, Imed Eddine
Format: Thesis
Language:eng
eng
Published: 2023
Subjects:
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
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spelling my-uum-etd.108082023-12-10T01:32:47Z The law relating to disclosure, registration & financial aspects in franchise: A study in Algeria 2023 Bekhouche, Imed Eddine Abdul Rahim, Asmar Abdul Razak, Aida Ghazali Shafie Graduate School of Government Ghazali Shafie Graduate School of Government HF5001-6182 Business HG Finance K Law (General) 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. 2023 Thesis https://etd.uum.edu.my/10808/ https://etd.uum.edu.my/10808/1/permission%20to%20deposit-grant%20the%20permission-s901879.pdf text eng staffonly https://etd.uum.edu.my/10808/2/s901879_01.pdf text eng public other doctoral Universiti Utara Malaysia
institution Universiti Utara Malaysia
collection UUM ETD
language eng
eng
advisor Abdul Rahim, Asmar
Abdul Razak, Aida
topic HF5001-6182 Business
HG Finance
K Law (General)
spellingShingle HF5001-6182 Business
HG Finance
K Law (General)
Bekhouche, Imed Eddine
The law relating to disclosure, registration & financial aspects in franchise: A study in Algeria
description 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.
format Thesis
qualification_name other
qualification_level Doctorate
author Bekhouche, Imed Eddine
author_facet Bekhouche, Imed Eddine
author_sort Bekhouche, Imed Eddine
title The law relating to disclosure, registration & financial aspects in franchise: A study in Algeria
title_short The law relating to disclosure, registration & financial aspects in franchise: A study in Algeria
title_full The law relating to disclosure, registration & financial aspects in franchise: A study in Algeria
title_fullStr The law relating to disclosure, registration & financial aspects in franchise: A study in Algeria
title_full_unstemmed The law relating to disclosure, registration & financial aspects in franchise: A study in Algeria
title_sort law relating to disclosure, registration & financial aspects in franchise: a study in algeria
granting_institution Universiti Utara Malaysia
granting_department Ghazali Shafie Graduate School of Government
publishDate 2023
url 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
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