Kelly Francis

About the Author Kelly Francis

Kelly lays bare often disregarded areas of the law that can have a massive impact on new and emerging entrepreneurs. She does so in language that is clear and perceptive. A graduate of McGill University, Kelly is a well-trained lawyer practicing in Montreal.

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Impending changes to Quebec language laws

Preparation is key After a year-long battle with big retailers such as Best Buy, Costco, The Gap, Old Navy, Wal-Mart, Toys ‘R’ Us, Curves and Guess, the Quebec government has decided to close an important loophole in the province’s language laws. The Minister of Culture has announced that, as early as fall 2015, the government will propose legislative amendments that will require retailers to include French inscriptions on their storefront signage, even if they meet the requirements to qualify for the exemption whereby retailers who have registered their trademark only in a language other than French may display signage in …

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Working with a Graphic Designer

Having attractive and informative brochures, pamphlets and business cards may be very useful in your business as this will help you to project a professional image. You may consider hiring the services of a graphic designer to assist you in preparing these advertising materials. However, it is important to understand the legal implications of hiring a graphic designer and to make the appropriate provisions in your agreement with the designer. Let’s take a look at some of the things to consider when working with a graphic designer. Copyright and moral rights When working with a graphic designer, it is important …

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Exhibiting your Art in a Gallery

Some artists are shy about showing their work to the public. Others jump at any opportunity to share their art with the world. Regardless of which category you fit into, if you have the chance to have your artwork exhibited, it may be wise to conclude an agreement with the gallery to ensure that your rights and obligations are clearly spelled out. Here are a few things to consider when concluding an agreement to have your work exhibited in an art gallery. Consignment vs. sale to the gallery Quite often a gallery will enter into a consignment agreement to exhibit …

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Making sure you get paid

No matter how passionate you are about your line of work, at the end of the day, you need to get paid if you are going to make a living doing it. For many in business, collecting payment is often the most nerve-wracking and aggravating part of any transaction.  After putting in days or weeks of work to deliver an excellent product or service to your client, having to chase them down to collect your money can seem like a slap in the face. Fortunately, there are various mechanisms that help you ensure that you will be compensated. Hypothec Quebec …

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Before Selling a Business Interest

Factors to Consider   Do you hold shares in a small business? Are you considering cashing out? Once you decide that you are ready to exit the business, the process may seem very cut and dried to you. You think that all you have to do is find a willing buyer and sell your stake. However, it may be wise to consider various factors before signing away your rights in the business. Let’s take a brief look at some of these considerations. Assets of the business Often, when a stakeholder sells their stake in a business, they fail to consider …

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When your partners are delinquents

Escape mechanisms Going into business with partners is a serious commitment. The relationship between partners is often long-term and entails important responsibilities. Quite often, unfortunately, a partner who is enthusiastic and eager to work at the beginning of the business relationship becomes lazy and uninterested as time progresses and one partner alone ends up shouldering the burden of running and growing the business. Luckily, there are various contractual mechanisms that you may have drafted into your shareholders agreement, if the business is incorporated, or into your partnership agreement, if the business is not incorporated, to protect you in the event …

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Offering Childcare Services in Quebec

It is becoming increasingly difficult for working parents to find safe and affordable childcare for their children. To meet this growing need, you may be considering going into the business of offering childcare services. If you are thinking about launching such a service, some basic information about the relevant Quebec legislation may be useful to you. Let’s quickly overview some of the basics about offering childcare services in Quebec. The provision of childcare services is governed primarily by the Educational Childcare Act and the related regulations, and overseen by the Ministère de la famille. Various types of childcare services are …

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Closing a Non-profit Organization

The founders of non-profit organizations usually have the best of intentions when they set up such organizations. They may desire to improve the well-being of members of less privileged social groups, to promote the culture and heritage of various communities, or even to organize activities for people with similar interests or hobbies. Despite the noble intentions of their founders, non-profits need financial liquidity and competent management to grow and thrive. Attaining these resources is often a challenge, and in the absence of thereof, many organizations crumble. Running a non-profit is often a thankless job. Still, whenever one falls apart, the …

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Opening a Restaurant – Some Legal Aspects

So, you’ve decided to fulfill your lifelong dream of opening a restaurant to share your delicious culinary creations with the world? It is important to be aware of the legal aspects of running a restaurant from the outset. This article aims to give an overview of some of the many relevant legal considerations when launching a restaurant. Business name and registration You must ensure that the name of your restaurant complies with the applicable laws. In other words, your business name must be in compliance with the Charter of the French Language. Even if your business was incorporated as a …

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Not-for-profits vs charities

  Understanding the scope of Non-profit Organizations Many people have “causes” that are near and dear to their hearts. These causes may involve improving the lives of those belonging to a given social group, contributing to the social welfare of less privileged members of society, or even creating opportunities for people to participate in a specific sport or activity. It is often possible to pursue these causes by creating a non-profit organization dedicated to advancing these objectives. Let us very briefly overview the concept of non-profit organizations. What is a non-profit organization? A non-profit organization is an organization established to …

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