Competition and consumer (industry codes - Franchising) Regulation 2014

Who is an “officer” in business dealings?

The term “officer” (Officer) is used in various statutory contexts including (but not limited to) the Corporations Act 2001 (Cth) (Act) and also in the Franchising Code of Conduct (Code) located in Schedule 1 of the Competition and Consumer (Industry Codes-Franchising) Regulation 2014 (Cth) (Regulation).   It is also often referred to in the context of liability of “Officers” of corporations.   Given the statutory use of this term the questions is just who is an Officer as defined in the Corporations Act? [Read more…]

What are cooperative marketing funds?

Cooperative marketing funds allow franchisors to combine contributions from franchisees, to undertake advertising or promotional campaigns on behalf of the entire network.  This framework allows franchisors to implement marketing that would otherwise have been beyond reach financially.  However, it is important franchisors are aware of their obligations under the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Franchising Code). [Read more…]

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