Franchise council: necessity or wisdom?
When developing a franchise organization, the usefulness and necessity of a franchise council is invariably discussed. One of the first questions that comes to mind is whether a franchise council is mandatory. The answer is no. There is no legal rule that requires the franchisor and franchisee to establish a franchise council. However, the widely held view is that a franchise council is of course very useful. Such a council is usually set up when there are five and ten franchisees respectively. However, is it now necessary in that situation to actually move to a franchise council?
Not in itself. A franchise council is nothing more or less than a means of communication between the franchisor and franchisees. In a mature franchise council, ideas are exchanged on various topics such as purchasing, marketing, market development, etc. However, this consultation can also take place in another way. For example, (informal) consultation can take place on various topics with all franchisees together, or with a relevant part of them. This can take place in a form-free meeting. It is of course also possible to record this. It is primarily important that the franchisor and franchisee exchange ideas openly and that the parties express their concerns about their concerns. It is important that this opportunity is provided in all openness. If this happens, then strictly speaking it may not even be necessary to formally structure the consultation in the form of a franchise council. This also means that it is wise to set up a franchise council at some point. A good franchise council meets at least a few times a year. The sitting franchisees are ideally delegated by their own supporters, so that their contribution is made democratically. In practice, however, it is not always easy to find willing candidates and it is necessarily chosen that the franchisor itself recruits and appoints the candidates.
Spontaneous consultation can therefore fulfill the same function as a well-functioning franchise council. It is important that this is actually implemented regularly and that there is sufficient opportunity to do so.
Ludwig & Van Dam franchise attorneys, franchise legal advice
Other messages
Article Mr. C. Damen – “When does the obligation to provide proof apply for the submission of the franchise agreement?” dated August 17, 2020
Does the obligation to produce information apply to showing a (franchise) agreement in proceedings if the parties to the proceedings do not have a legal relationship to the (franchise) agreement?
Article Mr. AW Dolphijn – “How do you value a franchise company with a discharge loan?” – dated August 14, 2020
A discharge loan is a proven means of franchisors to find long-term franchisees.
Article De Nationale Franchise Gids: “Information obligations of the intended franchisee under the Franchise Act” – dated August 7, 2020 – mr. AW Dolphin
Although the purpose of the Franchise Act is to protect franchisees against franchisors, a number of obligations have also been laid down for franchisees.
Legislative text of the Franchise Act – dated July 24, 2020 – mr. AW Dolphin
The legal text of the Franchise Act was published in the Staatsblad on 1 July 2020. The full legal text reads as follows:
Law Franchise – dated July 23, 2020 – mr. AW Dolphin
The Franchise Act will have a considerable impact on both franchisors and franchisees.
Contractual dissolution requirements not observed? No legal dissolution of the franchise agreement – dated July 23, 2020 – mr. C. Damen
Can a franchisor terminate the franchise agreement if it has failed to comply with its own contractual requirements?