Should we file our cookie company as an S-Corp or a C-Corp?

What we tend to recommend to business owners in your situation is to look at how you want the business to run. We like to suggest an LLC, especially in your case where you want to franchise. An LLC could help you by avoiding some issues regarding liabilities when you franchise. When we work with our franchise clients we like to recommend a certain way to set up the franchise as well through an LLC. Your best bet however, is to talk with a business and franchise attorney. There are a lot of...

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Is my non-compete agreement enforceable?

Based on what you have written, it is unclear exactly if it is enforceable or not. It sounds like it may be enforceable though. You appear to be running a similar business in some respects, but without the actual language of the non-compete and a full background of both your business and your former employer, it is difficult to answer your question. Overall, I suggest that you talk with an attorney who has dealt with non-compete agreements before as a more in depth analysis is needed....

Is it better to find an attorney to assist in a simple franchise or one that can write a contract?

In many instances, there are restrictions in the franchisees franchise agreement that may limit their ability to advertise without the franchisors permission or approval. Your best bet is to approach the franchised restaurant and give them the offer and let them take it from there depending on their franchise restrictions. As always, this information is for informational purposes only and does not establish any attorney/ client relationship.

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