Franchise & Law No. 5 – Acquisition Fraud and Franchising Act
The Acquisition Fraud Act came into effect on 1 July 2016. This includes amendments to Section 6:194 of the Dutch Civil Code. In short, the amendment means that if there is misrepresentation when offering goods or services in business relationships, this will result in an unlawful act. This implies that the Acquisition Fraud Act also applies in the pre-contractual phase of entering into a franchise agreement.
In this contribution, the civil law aspects of the Acquisition Fraud Act and the pre-contractual phase in entering into franchise agreements will be examined in more detail, in particular the reversal of the burden of proof.
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The preliminary agreement
The European Code of Honor on Franchising has already been discussed in this series of articles.
Sale of the franchise organization, consequences for the franchisees?
Last week it was announced that the HEMA organization may be sold by Maxeda, the owner of the organization.
Indemnification II – Failed Forecasts
A special form of indemnification consists of exoneration clauses that attempt to indemnify the franchisor against incorrect forecasts.
Incorporation of the franchisee’s business into a private limited company
When the franchisor and franchisee conclude their franchise agreement, in most cases there are franchisees
Price maintenance always leads to nullity?
Under competition law, it is not permitted to include so-called resale price maintenance in franchise agreements
Again turnover-related rent
In an earlier contribution to First Formula (November 10, 2006) about turnover related issues, I asked the question whether unilateral change