Trade Law Compendium

Produced by the member law firms of Lexwork International, this Compendium provides trade law summaries for over 30 jurisdictions prepared by law firms located there. Includes most significant US trading partners. An excellent resource for companies intending to do business in foreign countries and some US states. Summaries are listed below with the marking "a Lexwork International exclusive".

Austria: Agency and Distribution Agreements - a Lexwork International exclusive

This document outlines Austria’s laws regarding the contracting of outside parties. It describes how trade representatives are to be contracted and the legal protections they have. Brief descriptions of Austrian Competition Law and Antitrust regulations are also given. Furthermore, links to outside resources are included. Prepared by: Barnert Egermann Illigasch Attorneys at Law.

Last reviewed by globalEDGE on: March 23, 2016

Tags: Country Specific , Austria

Belgium: Agent, Distributor and Sales/Marketing Representative Laws - a Lexwork International exclusive

This document focuses on the Belgium Distribution Act and how it affects both parties involved in transactions. It specifies the terms of ending an agreement and the proper procedures for doing so. In addition, the Belgium Agency Act is discussed as well as how it applies to ending an agency agreement. The recent Belgian Precontractual Information Act is also described in length. Prepared by: Marx Van Ranst Vermeersh & Partners.

Last reviewed by globalEDGE on: April 7, 2016

Tags: Country Specific , Belgium

Brazil: Agency & Distribution Agreements - a Lexwork International exclusive

This document focuses on agency and distribution agreements in Brazil in the context of the Civil Code. It lists the particulars of these types of agreements and details how they are handled in the Brazilian court system. Prepared by: Bichara, Barata & Costa Advogados.

Last reviewed by globalEDGE on: April 1, 2016

Tags: Country Specific , Brazil

Canada: Sales and Distribution in Canada - a Lexwork International exclusive

This document details sales and distribution arrangements in Canada and the laws that govern them. Specifically discussed are the regulations and liabilities for these relationships, the Competition Act, intellectual property rights, and taxes. Prepared by: Nelligan O’Brien Payne LLC.

Last reviewed by globalEDGE on: April 8, 2016

Tags: Country Specific , Canada

Canada: Sales and Distribution in Québec - a Lexwork International exclusive

This document outlines how The Civil Code of Québec (CCQ) provides the basic provisions for the relationships between sales contracts and distribution. The competition legislation for Québec is also described in depth. Some of the specific legislation discussed is the Competition Act and the Consumer Protection Act. Prepared by: De Grandpré Chait LLP.

Last reviewed by globalEDGE on: April 8, 2016

Tags: Country Specific , Canada

Canada: Sales Representative and Distribution Contracts in the Province of Ontario - a Lexwork International exclusive

This document outlines the terms for preparing business-related contracts in Ontario. It also describes in depth many of the specific laws that are used in sales representative and distributor contracts. Prepared by: Shibley Righton LLP.

Last reviewed by globalEDGE on: April 12, 2016

Tags: Country Specific , Canada

Denmark: Agency and Distribution Agreements - a Lexwork International Exclusive

The document provides information about Danish agency and distribution agreements, such as freedom of contract laws and product liability agreements, competition and tax law, and international conventions. In addition, the document lists several websites describing Danish trade laws. Prepared by: Lund Elmer Sandager.

Last reviewed by globalEDGE on: April 20, 2016

Tags: Country Specific , Denmark

France: Modernization of the European Customs Code - a Lexwork International exclusive

This document outlines changes that have been made to the community customs code and how this may affect local business. There are also comments from lawyers, which are helpful for anyone looking to review their license and sale agreements. Prepared by: DS Avocats.

Last reviewed by globalEDGE on: April 18, 2016

Tags: Country Specific , France

Italy: Agency and Distribution Agreements - a Lexwork International Exclusive

This document defines Italy’s restrictions associated with freedom of contract regarding agency agreements and distribution agreements, as well as the differences between them. This resource also specifies the legal issues including exclusivity and non-compete provisions, choice of law, competition law issues, taxes, and international conventions. Prepared by: DS Avvocati Santa Maria Tristano Ziccardi.

Last reviewed by globalEDGE on: April 25, 2016

Tags: Country Specific , Italy

Mexico: Sales Representative and Distributorship Contracts in Mexico - a Lexwork International exclusive

This document explains how the Mexican Civil Code regulates sales representatives and distributorships. Also described are Mexico’s exclusivity terms, choice of law, non-compete provisions, mandatory provisions, and special tax considerations. Prepared by: Cuevaslugo Abogados.

Last reviewed by globalEDGE on: July 7, 2016

Tags: Country Specific , Mexico

Netherlands: Agency, Distribution and Sales Representative Contracts - a Lexwork International exclusive

This document describes how distribution, agency, and sales relationships are treated in Dutch law. It also details the Netherlands' terms regarding the freedom of contract, competition law issues, taxing considerations, and international conventions. A list with helpful Dutch trade law websites is also included for reference. Prepared by: Höcker Advocaten.

Last reviewed by globalEDGE on: May 18, 2016

Tags: Country Specific , Netherlands

Norway: Agency and Distribution Agreements - a Lexwork International Exclusive

This document gives background information about Norway’s legal system and outlines several specific contract laws, competition laws, and tax regulations. The document also details the international conventions that Norway complies with. Prepared by: Hodneland & Co DA. Opens as PDF.

Last reviewed by globalEDGE on: June 17, 2016

Tags: Country Specific , Norway

Poland: Agency and Distribution Agreements in Poland - a Lexwork International Exclusive

This document provides background information about contract agreements in Poland, including a discussion on freedom of contract, absent or ambiguous terms, and oral contracts. It also describes competition and antitrust issues, tax considerations, and provides links to additional resources for more information on Polish law and economy. Prepared by: Olejniczak & Richardson.

Last reviewed by globalEDGE on: June 1, 2016

Tags: Country Specific , Poland

Portugal: Agency and Distribution Agreements - a Lexwork International exclusive

This document describes how Portuguese law governs the contracting of agencies and distribution agreements. It specifically outlines the contractual freedom each party has and details competition laws and tax regulations. Prepared by: Costa Basto, Jorge Fernandes, Veríssimo e Associados.

Last reviewed by globalEDGE on: May 26, 2016

Tags: Country Specific , Portugal

Spain: Agent, Distributor and Sales/Marketing Representative Laws in Spain - a Lexwork International Exclusive

This document outlines how agents, distributors, and sales representatives are treated differently under Spanish law. It also describes exclusivity and non-competition provisions, choice of law, special tax considerations for businesses, and international conventions. It also provides links to several useful Spanish websites. Prepared by: DS Advocats. Opens as a PDF. 

Last reviewed by globalEDGE on: June 20, 2016

Tags: Country Specific , Spain

United Kingdom: Agency and Distribution Agreements - a Lexwork International Exclusive

This document describes several specific laws that govern freedom of contract in the United Kingdom, along with topics including choice of law, competition law issues, tax considerations, and international conventions. Prepared by: Bircham Dyson Bell LLP.

Last reviewed by globalEDGE on: July 18, 2016

Tags: Country Specific , United Kingdom

United Kingdom: Agency and Distribution Agreements in Scotland - a Lexwork International exclusive

This document describes several specific Scottish laws regarding contracts and distribution. It also outlines the country’s competition and non competition laws, tax laws, import regulations, and human rights laws. Also provided are several useful Scottish websites and their links. Prepared by: Gillespie Macandrew LLP.

Last reviewed by globalEDGE on: July 18, 2016

Tags: Country Specific , United Kingdom

United Kingdom: Setting Up Business in the UK - Bircham Dyson Bell

This document is designed to educate businesspeople interested in starting a business in the United Kingdom about the laws within the country that may affect their business structure. The guide covers a variety of topics including United Kingdom corporate taxation, general commercial matters, personal taxation, and property taxes. Laws related to employment are also discussed, and timetables for registering a business in the United Kingdom are provided. Opens in PDF. 

Last reviewed by globalEDGE on: July 26, 2016

Tags: Country Specific , United Kingdom

United States: Ohio Trade Statutes - a Lexwork International exclusive

This document provides a thorough description of Ohio’s laws regarding distributorships, franchise agreements, monopolies, trade relationships, and other specific types of businesses. Prepared by: Walter & Haverfield LLP.

Last reviewed by globalEDGE on: March 3, 2016

Tags: States , Ohio

United States: Product Distribution Laws in Minnesota - A Lexwork International Exclusive

This document outlines Minnesota's laws regarding franchises, distributors, sales representatives, and how their contracts are to be created. Prepared by: Mackall, Crounse & Moore PLC.

Last reviewed by globalEDGE on: September 27, 2016

Tags: States , Minnesota

United States: Sales and Distributorship Contracts in New Jersey - a Lexwork International Exclusive

This document describes how the New Jersey’s Sales Representatives’ Rights Act, freedom of contract, and the Franchise Practice Act help to determine business actions. A brief overview of New Jersey's economy is also provided. Prepared by: Fox Rothschild LLP.

Last reviewed by globalEDGE on: March 15, 2016

Tags: States , New Jersey

United States: Sales and Distributorship contracts in Pennsylvania - a Lexwork International Exclusive

This document defines Pennsylvania’s laws pertaining to freedom of contract and franchises, and is a part of documents on trade law reports. It also discusses the Commissioned Sales Representative Act and Pennsylvania’s economic background. Prepared by: Fox Rothschild LLP.

Last reviewed by globalEDGE on: March 4, 2016

Tags: States , Pennsylvania

United States: Sales Representation and Distributorship Contracts in Maryland - a Lexwork International exclusive

This document describes Maryland's freedom of contract laws and their restrictions on non-compete provisions and exclusivity. The Maryland Fair Distributorship Act is also explained in detail, along with information regarding sales taxes. Prepared by: Whiteford, Taylor & Preston LLP

Last reviewed by globalEDGE on: September 28, 2016

Tags: States , Maryland

United States: Sales Representative and Distributorship Contracts in Delaware - a Lexwork International exclusive

This document provides an overview for the legal climate of conducting business in Delaware. Also included is a section on freedom of contract. Prepared by: Whiteford, Taylor & Preston LLC

Last reviewed by globalEDGE on: September 30, 2016

Tags: States , Delaware

United States: Sales Representative and Distributorship Contracts in Illinois - a Lexwork International Exclusive

This document describes the Illinois Sales Representatives Act in detail and how it affects all aspects of business, from the manufacturer to the sales representatives. It also discusses exemplary damages and attorneys’ fees, choice of law and forum-selection clauses, and other common issues regarding contracts. Opens as a PDF. Prepared by: Shefsky & Froelich Attorneys at Law.

Last reviewed by globalEDGE on: September 27, 2016

Tags: States , Illinois

United States: Sales Representative and Distributorship Contracts in Indiana

The document outlines how Indiana law applies to the relationships between companies, sales representatives, and distributors. It also defines Indiana’s restrictions for terms in written contracts, exclusivity and anti-trust considerations, non-compete provisions, and choice of law. Prepared by: Kightlinger & Gray, LLP. Opens in PDF format.

Last reviewed by globalEDGE on: February 24, 2016

Tags: States , Indiana

United States: Sales Representative and Distributorship contracts in Massachusetts - a Lexwork International Exclusive

The Sales Representative and Distributorship Contracts in Massachusetts document describes how Massachusetts law regulates agreements with a sales representative or distributor. It also outlines the process for handling contracts and the exceptions for freedom of contract, terms in contracts, independent employment laws, uniform commercial code, and business taxes. Prepared by: Sherin and Lodgen LLP.

Last reviewed by globalEDGE on: September 28, 2016

Tags: States , Massachusetts

United States: Sales Representative and Distributorship Contracts in Michigan - A Lexwork International Exclusive

This document describes Michigan’s use of Freedom of Contract and its exceptions. The Michigan Sales Representative Act and Michigan’s limitations on the enforceability of non-competition agreements are also briefly described. Issues such as absent or ambiguous terms, oral contracts, franchise relationships, taxes and antitrust laws are discussed as well. Prepared by: Foster, Swift, Collins & Smith, P.C.

Last reviewed by globalEDGE on: September 27, 2016

Tags: States , Michigan

United States: Sales Representative and Distributorship Contracts in Oregon - a Lexwork International exclusive

This document provides the legal framework that a manufacturer who is interested in pursuing a sales representative or distributorship arrangement in Oregon should follow. Brief summaries of potential legal issues involving contracts, representative statutes, noncompetition provisions, franchise details, tax implications, and Oregon antitrust laws are also included. Prepared by: AterWynne LLP Attorneys at Law.

Last reviewed by globalEDGE on: March 1, 2016

Tags: States , Oregon

United States: Sales Representative and Distributorship Contracts in Utah - a Lexwork International Exclusive

This document examines Utah’s freedom of contract laws, and its specific exception: the Utah Sales Representative Commission Payment Act. It also describes several other common issues in sales representative or distributorship arrangements such as non-competition provisions, franchise or business opportunity laws, tax implications, and antitrust law complications. Prepared by: AterWynne LLP Attorneys at Law.

Last reviewed by globalEDGE on: March 14, 2016

Tags: States , Utah

United States: Sales Representative and Distributorship Contracts in Virginia - a Lexwork International exclusive

This document covers legal issues dealing with business contract law in the State of Virginia. It has information on the topics such as freedom of contract, franchise, exclusivity, choice of law, non-compete provisions, and special tax considerations. Prepared by: Whiteford, Taylor & Preston LLP

Last reviewed by globalEDGE on: March 17, 2016

Tags: States , Virginia

United States: Sales Representative and Distributorship Contracts in Washington - a Lexwork International exclusive

This document provides a brief description of the Washington Sales Representative Statutes along with many of the common issues that arise such as wholesale agreements, commission deadlines, and post termination commission contingencies. It also touches on several other potential issues such as noncompetition provisions, franchise or business opportunity possibilities, tax implications, and Washington antitrust laws. Prepared by: AterWynne LLP Attorneys at Law.

Last reviewed by globalEDGE on: March 5, 2016

Tags: States , Washington

United States: The Wisconsin Fair Dealership Law - a Lexwork International exclusive

This document describes the Wisconsin Fair Dealership Law and the Wisconsin Franchise Investment Law in depth. Prepared by: DeWitt Ross & Stevens Law Firm.

Last reviewed by globalEDGE on: March 3, 2016

Tags: States , Wisconsin

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