Advisory Board on Regulatory Pressure (ATR) advises State Secretary Keijzer about the Franchise Act
The ATR recommends submitting the bill only after a number of points of advice have been taken into account. The advice is particularly worth reading and can be consulted via the link: https://www.atr-regeldruk.nl/wp-content/uploads/2019/02/30-U010-Ministerie-van-EZK-Wet-franchise-wgpdf
In short, it is first advised to actively inform franchisors and franchisees about this amendment to the law. Now that the consultation that has now closed shows that it has passed a large part of the industry, this seems to be extremely useful advice. It is also recommended to monitor the effectiveness of the law and to include an evaluation provision in the law. Now that the franchise agreement will move from an unnamed to a named agreement, this also seems like a welcome addition to the bill. The ATR also calls attention to the transitional period. In addition, the ATR asks for more clarification and definitions to be included in the bill for concepts that have not yet been further defined, such as “good franchisor and franchiseeship” “considerable consequences” etc. The ATR also recommends actively communicating goodwill calculation best practices so that parties know where they stand before concluding the franchise agreement. Finally, the ATR recommends including examples of what is meant by “conditions customary in trade”.
In short, the ATR is of the opinion that parts of the proposed legislation are not yet sufficiently concrete and known to have the desired effect in legal practice, or preventively, namely a more balanced franchise sector. We are particularly curious to what extent the Ministry takes into account the advice of the ATR.
mr. J. Strong – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Go to strong@ludwigvandam.nl
![225tweedekamer-min](https://www.ludwigvandam.nl/wp-content/uploads/2020/12/225tweedekamer-min.jpg)
Other messages
Interim dissolution of the franchise agreement by the franchisee in the event of loss-making operation possible?
The Court of Appeal recently rendered a judgment in a matter that is very relevant to the franchise practice.
Those who are orienting themselves as a candidate franchisee can contact the association of franchisees, the BVFN.
Those who are orienting themselves as a candidate franchisee can contact the association of franchisees, the BVFN.
mr. Strong litigates for C1000 entrepreneur with wrong prognosis
mr. Strong litigates for C1000 entrepreneur with wrong prognosis
Newsletter – The National Franchise Guide: Hospitality sector: new times, new franchise formulas?
According to data published in March 2015 by Statistics Netherlands in the Horeca Quarterly Monitor
Continue to serve (existing) customers after termination of the franchise relationship
Continue to serve (existing) customers after termination of the franchise relationship
Franchisee appeals in vain to incorrect prognosis
Franchisee appeals in vain to incorrect prognosis