The following Commercial practice note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is not maintained.
There are no specific franchising EU derived laws or regulations, therefore the main implications of Brexit for the franchisee and franchisor will be the practical changes that need to be considered when drafting and negotiating franchise agreements, reviewing intellectual property rights protection and considering any competition law implications upon the arrangement. See News Analysis: What will Brexit mean for franchisors and franchisees, and how to prepare?
Franchise agreements and arrangements should be reviewed to check that they remain suitable for use post-IP completion day both in terms of the commercial arrangements that they reflect and the contract wording itself.
Consider whether any specific contracts or general standard terms need to be varied or adapted. For example, provisions relating to territorial scope, pricing, tax, intellectual property, data protection, applicable law, jurisdiction and dispute resolution.
See Practice Notes:
Brexit—contract risk management [Archived]
Brexit—drafting commercial clauses [Archived]
Brexit—drafting boilerplate clauses [Archived]
What does IP completion day mean for contract clauses?
Any data flows within franchising arrangements should also be checked and appropriate safeguards put in place to ensure that data can continue to be transferred from the EU to the UK. See Practice Notes:
Brexit—implications for data protection
Introduction to the EU GDPR and UK GDPR
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Form of transfer of sharesThere are a number of circumstances in which shares in a company may be transferred, eg upon a sale of the shares, through the transmission of the shares by operation of law (eg upon the death or bankruptcy of a shareholder), by gift or upon the enforcement of a charge. For
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Indemnity costs orders—principlesThis Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may order that costs are assessed on an indemnity basis so that any doubt as to the costs claimed are resolved in favour of the receiving party. Compare
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