by Tessa de Mönnink | 23 March 2021 | Franchise
The minimum implementation period of at least 2 months, i.e. the period between the date of publication and the date of entry into force, has not been respected.
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by Annelies van Zoest | 23 March 2021 | Franchise
As of 1 January 2021, the Dutch Franchise Act is in force. This Act regulates the relationship between franchisors and franchisees, mainly to protect the legal position of franchisees.
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by Annelies van Zoest | 23 November 2020 | Franchise
The Franchise Act will (almost certainly) enter into force on January 1, 2021. This will be a historical event for the Netherlands, for it is the first actual Dutch Franchise Act. The impact of the new Act on practices of franchise organizations is major and requires adjustment not only as to method of operation but also of franchise agreements.
Franchise agreements must contain a clause on how goodwill, if any, must be assessed within the franchise company upon termination of the franchise agreement (Article 7:920 Dutch Civil Code).
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by Tessa de Mönnink | 28 September 2020 | Franchise, Commercial contracts, Distribution & Agency
In a decision of the District Court of Amsterdam of 18 August 2020, a contractual termination clause allowing to terminate the Value Added Reseller Agreement (a so-called “VAR”) with a term of notice of 6 months has been set aside
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by Tessa de Mönnink & Annelies van Zoest | 30 June 2020 | Franchise
Today is the day. The Franchise Act has been adopted by the Senate. As of 1 January 2021, the act enters into force. As to several drastic rules a transition period of 2 years will apply (non-competition clause, right of approval and place of business’ valuation), but waiting until 2023 is out of the question.
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by Tessa de Mönnink & Annelies van Zoest | 23 June 2020 | Franchise, Commercial contracts, Distribution & Agency
After a long run-up, the Franchise Act is expected to become reality within soon. Franchisors are well advized to anticipate this upcoming law which will most likely have a very brief transitory period.
Content and Introduction of Act:
The Franchise Act has been adopted by the Dutch Parliament on 16th of June.
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