Distribution and franchise law

Sector expertise and wide-ranging business knowledge are the hallmarks of our advisory work in distribution and franchising law.

Franchise law

Franchising is a modern, dynamic form of distribution, which is subject to constant change and for which the legal framework has not been definitively codified. Franchising contracts therefore have to be drafted on the basis of judgements, case law and individual statutes. KSP is at your side with extensive and competent advice to do so.

KSP has comprehensive experience of franchise law going back for many years and can support you in the following areas in particular:

  • Drafting, structuring, negotiating and reviewing franchise agreements, including general terms and conditions

  • Drafting and reviewing leases and subleases including implementation in the franchise agreements

  • Monitoring deadlines in franchise agreements and subleases (termination, options, changes of term, etc.)

  • Duties of the franchise partner

  • Receivables from payment of franchise fees and letting of offices and commercial space

  • Competition law

  • Recovery of subsidies

  • Advice on pre-contractual information obligations

  • Prospectus liability of the franchisor

  • Termination and suspension of franchise agreements

  • Compensation rights of the franchisee

Commercial agency law

Our advisory work relating to commercial agents concentrates on the following areas:

  • Closing, drafting, negotiating and reviewing contracts for commercial agents, including the application and validity of general terms and conditions

  • Termination and suspension of commercial agency agreements

  • Defending and pursuing claims for compensation after the contract has come to an end

  • Enforcing and defending post-contractual non-compete clauses

  • Commission claims by the commercial agent based on orders obtained, including claims for the return of commission and advances against commission

  • Legal matters concerning the extract from the books

  • Enforcing and defending specific geographical areas

Further information

Are you looking for more information? Then please get in touch: 

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