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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Circumventing the prohibition of competition in the franchise agreement – mr. AW Dolphijn – dated November 10, 2020

A non-competition clause in a franchise agreement is often experienced as objectionable by franchisees, especially if the non-competition clause also applies after the franchise agreement has expired.

Article Franchise+ – “How do I get rid of my debts: Also for franchisees and franchisors” – mr. AW Dolphijn – dated October 20, 2020

A reorganization may also be necessary for franchisees and franchisors who are in financial difficulties in order to continue to exist.

By Alex Dolphijn|20-10-2020|Categories: Statements & current affairs|

Article De Nationale Franchise Gids: “Reinvestment obligation for franchisees has limits” – dated October 13, 2020 – mr. RCWL Albers

In practice, it often happens that franchisors choose to renew their franchise formula and the appropriate image

Interview Mr. J. Sterk and mr. C. Rutten in Franchise+: “Call to the automotive sector: prepare yourself well for the new Franchise Act” dated October 2, 2020

The new Franchise Act has a broad effect, also in the automotive sector. But are people aware of it enough?

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