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Issues with franchising in an overseas territory—checklist This Checklist sets out the issues for a franchisor to consider when preparing to operate the franchise in an overseas territory. The advance of technology has helped facilitate the rise of a global economy. This has led to the creation of opportunities for companies to trade outside of their domestic markets and exploit developing territories. However, a number of issues arise when a franchisor is preparing to operate in an overseas territory some of which are detailed below. PESTLE analysis A franchisor may wish to carry out a political, economic, environmental, sociological, technological, legal and environmental factors (PESTLE) analysis in relation to a new territory. The information obtained from the analysis can be used as a guide to strategic decision making when considering international franchising. Below is a list of legal and non-legal issues that might arise with international franchising. Political • There may be increased political or legislative risks that should be taken into consideration by businesses before they commence operations in...
Issues to consider when drafting a settlement agreement—checklist (employer) The employer (and its advisers) should consider the following issues: Preparatory steps • Obtain from the employer: ◦ a copy of the departing employee's latest contract of employment/other relevant documents containing contractual terms (NB these may be in a staff handbook) ◦ details of the contractual benefits enjoyed by the employee ◦ relevant information regarding the employee's pension benefits ◦ relevant information regarding any shares/share options, etc held by the employee? Consider the Articles of Association/any relevant shareholder agreement, share scheme documentation, etc. See also Shares and share options below Status of negotiations • Will negotiations take place between the parties directly, or between their respective legal advisers? • How strong is the employer's negotiating position? How strong are the employee's claims or potential claims? In the case of dismissal, is there a fair reason and has the employer carried out a fair procedure? Is the employer in repudiatory breach? What is the employer prepared to offer initially, and is that...
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Renewable Heat Incentive—checklist on issues in property transactions Renewable heat incentive (RHI) The RHI, which applies to Great Britain, is a government scheme that provides financial incentives to increase the uptake of renewable heat and biomethane. These financial incentives are provided to help remove some of the barriers to adoption, such as high up-front costs and operational expenditure. The RHI scheme was split into two phases: • phase 1, which was introduced in November 2011 for non-domestic installations in the industrial, business and public sectors. The non-domestic RHI closed to new applicants on 31 March 2021 • phase 2, for the domestic RHI (previously covered by the Renewable Heat Premium Payment), which was rolled out in April 2014. The domestic RHI closed to new applicants on 31 March 2022 Although each of the non-domestic and domestic RHI schemes have now closed to new applicants, those accredited prior to closure may still be in receipt of payments under the scheme. The non-domestic RHI was originally put in place pursuant to the Renewable Heat Incentive Scheme Regulations 2011 (2011...
How to appoint a franchisee This Practice Note is a ‘how to’ guide on appointing a franchisee. It includes a summary of what franchising is, an explanation of alternative routes to market, factors to consider before selecting a franchisee, and principal matters to consider when negotiating a franchisee agreement. What is franchising? Franchising is a business model where one party, the franchisor (A), grants another party, the franchisee (B), the right to distribute A’s products or services using A’s established brand, business methods, processes, technology and systems in exchange for fees or royalties paid to the franchisor. Franchising involves a contractual relationship where the franchisor provides the franchisee with a proven business concept, brand recognition, training, ongoing support, and access to marketing materials and resources. The franchisee, in turn, agrees to follow the franchisor's established business methods, adhere to brand standards, and pay fees or royalties for the support and benefits received. Franchising exists in various forms. The franchisee can sell the franchisor’s products or services under the franchisor's established...
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Franchise business sale agreement This Agreement is made on [insert date] Parties 1 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Seller); 2 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Buyer); and 3 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Franchisor), (each a party and together the parties). Background (A) The Franchisor has licensed the Seller to operate the Franchise Business. (B) The Seller has agreed to sell and the Buyer has agreed to purchase the Franchise Business as a going concern on the terms and conditions of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Applicable Data Protection Law • means...
Letter—employer notification of exercise of right to make payment in lieu of notice (PILON) in instalments [Enter name and address of employee] [Enter date] Dear [enter name] Termination of employment by payment in lieu of notice in instalments [Further to our conversation earlier today, I OR I] write to notify you that [enter name of Employer] has decided to exercise its right (under clauses [enter clause number(s)] of your [service agreement OR contract of employment] dated [enter date] (referred to in this letter as the [‘Service Agreement’ OR ‘Contract’]) to terminate your employment with immediate effect by giving you this written notification and making a payment in lieu of notice in instalments (the overall total of all such instalments is referred to in this letter as the ‘Payment’).[ This letter also refers to various other terms as defined in the [Service Agreement OR Contract].] The Payment is paid in lieu of your entitlement to notice under the [Service Agreement OR Contract], namely for [your notice...
Dive into our 138 Precedents related to Restrictive covenants
Is a restrictive covenant in a solicitor's employment contract incompatible with the client's freedom to choose a solicitor? What does the SRA say? The first question to consider whether solicitors or law firms are under any obligation is to ensure clients have freedom of choice. The Solicitors Practice Rules 1990 (r1) required that: a solicitor shall not do anything in the course of practising as a solicitor, or permit another person to do anything on his or her behalf, which compromises or impairs or is likely to compromise or impair… a person's freedom to instruct a solicitor of his or her choice The 1990 Solicitors Practice Rules 1990 were superseded by the Code of Conduct 2007. The prohibition on compromising a client’s freedom of choice appears to have been omitted from the 2007 Code of Conduct and subsequent Codes of Conduct in force from 2011 and 2019. What does the court say? In any event, in 2006, the court rejected the argument that a restrictive covenant was inconsistent...
A restrictive covenant was registered correctly on the titles to the benefitting and burdened land. A deed of release released the restrictive covenant and the burden was removed from the burdened title but the benefit was not removed from the title of the benefitting land. Can the restrictive covenant be enforced against the burdened land? Does it make a difference if the benefitting land has been transferred since the date of the deed of release? In principle, if the burden of the restrictive covenant has been formally released then the failure to alter the title to the land which previously
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This week's edition of Property weekly highlights includes: progress of the Renters’ Rights Bill, the first reported decision on the interpretation of the Renting Homes (Wales) Act 2016 (specifically the obligation to provide an electrical condition report) and cases on the statutory right of pre-emption, assertion of a third party beneficial interest in mortgage possession proceedings and defining a transaction defrauding creditors.
This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA’s decision to launch an investigation into the construction and roofing sector regarding suspected bid rigging, (2) the CMA’s decision to launch a consultation on Vifor’s commitments to end its abuse probe into disparaging treatment in the iron treatment market, (3) publication by the CMA of an update report on the Rail, Road and Inland Waterway Transport Block Exemption, (4) the CMA’s phase 2 decision to conditionally clear Vodafone/CK Hutchison JV, (5) the Controlled Foreign Companies (Reversal of State aid Recovery) Regulations 2024 to enter into force on 31/12/2024, (6) publication by the CMA of new procedural rules and guidance for water references, and (7) publication by the DBT’s of two subsidy control principles assessment guides for public authorities. This week's highlights also includes, from an EU perspective: (1) the Court of Justice’s judgment in a national reference from Latvia concerning Article 101 TFEU restrictions in car warranties, and (2) the Commission’s announcement that it has...
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