Interview Franchise+ – mrs. J. Sterk and AW Dolphijn – “Reversal of burden of proof in forecasts approved by court” – February 2018
The new Acquisition Fraud Act indeed appears to be relevant for the franchise industry, according to this article from Franchise+. Alex Dolphijn of Ludwig & Van Dam represents a franchisee in legal proceedings in which the franchisor has been convicted for the first time under the Acquisition Fraud Act. The court states that the franchisor must be able to demonstrate afterwards that the prognosis is correct. The position of franchisees has been greatly strengthened by this ruling. To be able to prove that a franchisor has its affairs in order, the franchisor must come from a good family, explain franchise attorneys Jeroen Sterk and Alex Dolphijn of Ludwig & Van Dam.
Other messages
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It seems so obvious. You have a claim against someone who also receives money from you and you speak
Franchisee as a subtenant in particular in bankruptcy
It often happens that a franchisor takes care of finding a suitable rental location
The franchisor’s duty of care in extreme times
The current credit crisis is spreading like wildfire and has already claimed many victims
Deal or no deal? The problem of broken negotiations
Before a franchise agreement is actually signed by a franchisor and a franchisee
Company Policy and Franchise Interest
Every organization of any importance sets policy goals for itself.
Is it allowed to suspend payments?
Suspension is the case when a debtor (temporarily) postpones the fulfillment of its obligations