Advanced Best Practices for International Regulatory Compliance
Advanced Best Practices for International Regulatory Compliance Advanced Best Practices for International Regulatory Compliance
IFA’s 45 LEGAL SYMPOSIUM th Annual Commercial Agency Law • EU Commercial Agency Directive • (EC) 86/653 applied by analogy by courts in many EU Member States • Compensation can be payable to a franchise terminated for cause
Contractual Post-termination IFA’s 45 LEGAL SYMPOSIUM th Annual Restrictions • Common law jurisdictions allow reasonable postterm restrictions e.g. ProntaPoint plc vs London Litho Ltd and KallKwik Printing (UK) Ltd vs Bell in the UK • Civil law jurisdictions often apply Commercial Agency law by analogy and so post-termination restrictions must be paid for • Some jurisdictions simply disallow or severely limit post-term restrictions e.g. South Korea
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- Page 13 and 14: The Pre-contractual Relationship/Sa
- Page 15 and 16: The Common Law Approach to the IFA
- Page 17 and 18: The French Approach to Good Faith
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- Page 21 and 22: • Prohibition of Misleading & Dec
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- Page 31 and 32: • Distinct difference of approach
- Page 33: • Non franchise specific laws can
Contractual Post-termination<br />
IFA’s 45<br />
LEGAL SYMPOSIUM<br />
th Annual<br />
Restrictions<br />
• Common law jurisdictions allow reasonable postterm<br />
restrictions<br />
e.g. ProntaPoint plc vs London Litho Ltd and KallKwik Printing<br />
(UK) Ltd vs Bell in the UK<br />
• Civil law jurisdictions often apply Commercial Agency<br />
law by analogy and so post-termination restrictions<br />
must be paid <strong>for</strong><br />
• Some jurisdictions simply disallow or severely limit<br />
post-term restrictions<br />
e.g. South Korea