Trade Law Compendium
United States: Sales Representative and Distributorship Contracts In New York - a Lexwork International exclusive
This document describes New York’s freedom of contract laws and many of the common exceptions to them. It also discusses the Uniform Commercial Code which defines the rules for distribution and sales representative agreements. In addition, franchise laws, independent contractor and employment laws are also explained. Prepared by: Harter Secrest & Emery LLP.
Last reviewed by globalEDGE on: March 13, 2013
Tags: Country Specific, States, United States, New York
Austria: Agency and Distribution Agreements - a Lexwork International exclusive
This document outlines Austria’s law 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. Prepared by: Barnert Egermann Illigasch Attorneys at Law.
Last reviewed by globalEDGE on: March 11, 2013
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: March 11, 2013
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: March 11, 2013
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: March 11, 2013
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: March 11, 2013
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 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: March 11, 2013
Tags: Country Specific, Canada
Denmark: Agency and Distribution Agreements - a Lexwork International exclusive
This document lists several websites describing Danish trade laws. Also provided is information on Denmark’s use of Freedom of Contract in business as well as several more specific pieces of legislation under it. Competition Laws, Tax information and International conventions are also described. Prepared by: Lund Elmer Sandager.
Last reviewed by globalEDGE on: January 30, 2013
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: February 4, 2013
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. It also specifies the legal issues revolving exclusivity and non-compete provisions, choice of law, competition laws, taxes, and international conventions. Prepared by: DS Avvocati Santa Maria Tristano Ziccardi.
Last reviewed by globalEDGE on: March 11, 2013
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 is Mexico’s exclusivity terms, non compete provisions, mandatory provisions, and special tax considerations. Prepared by: Cuevaslugo Abogados.
Last reviewed by globalEDGE on: March 11, 2013
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 Netherland’s terms regarding the Freedom of Contract. Competitions laws, taxing issues and international convention descriptions are also included along with helpful Dutch Trade Law websites. Prepared by: Höcker Advocaten.
Last reviewed by globalEDGE on: March 11, 2013
Tags: Country Specific, Netherlands
Norway: Agency and Distribution Agreements - a Lexwork International exclusive
This document gives background on Norway’s legal system and outlines several specific contract laws, competition laws, taxing regulations, and international conventions details. Prepared by: Hodneland & Co DA.
Last reviewed by globalEDGE on: March 11, 2013
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: March 11, 2013
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: March 11, 2013
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 different 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 several useful Spanish websites. Prepared by: DS Advocats.
Last reviewed by globalEDGE on: March 13, 2013
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 issues such as choice of law, competition issues, and tax considerations. Prepared by: Bircham Dyson Bell LLP.
Last reviewed by globalEDGE on: March 11, 2013
Tags: Country Specific, United Kingdom
United Kingdom: Sales, Agency and Distribution (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. It also provides several useful Scottish websites and their links. Prepared by: Gillespie Macandrew LLP.
Last reviewed by globalEDGE on: March 11, 2013
Tags: Country Specific, United Kingdom
United Kingdom: Setting Up Business in the UK - Bircham Dyson Bell
This document describes how laws in the United Kingdom affect the formation of new businesses. 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 also provided.
Last reviewed by globalEDGE on: February 25, 2013
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: January 9, 2013
Tags: Country Specific, States, United 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: March 11, 2013
Tags: Country Specific, States, United States, Minnesota
United States: Sales and Distributorship Contracts in New Jersey - a Lexwork International exclusive
This document describes New Jersey’s Sales Representatives’ Rights Act, Freedom of Contract, and the Franchise Practice Act in depth and how these laws determine business actions. Prepared by: Fox Rothschild LLP.
Last reviewed by globalEDGE on: March 11, 2013
Tags: Country Specific, States, United 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. Also discussed is the Commissioned Sales Representative Act and Pennsylvania’s economic background. Prepared by: Fox Rothschild LLP.
Last reviewed by globalEDGE on: March 11, 2013
Tags: Country Specific, States, United 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: March 11, 2013
Tags: Country Specific, States, United States, Maryland
United States: Sales Representative and Distributorship Contracts in California - a Lexwork International exclusive
This document discusses the specifics of sales representative and distributor arrangements in California. It primarily focuses on the operations of wholesalers, as well as franchisee/franchisor contracts. This gives a detailed description of common issues that arise in these relationships and the laws that govern them. Prepared by: AterWynne LLP Attorneys at Law.
Last reviewed by globalEDGE on: March 13, 2013
Tags: Country Specific, States, United States, California
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. It also includes a section on freedom of contract. Prepared by: Whiteford, Taylor & Preston LLC
Last reviewed by globalEDGE on: March 11, 2013
Tags: Country Specific, States, United States, Delaware
United States: Sales Representative and Distributorship Contracts in Illinois - a Lexwork International exclusive
This document describes the Illinois Sales Representatives Act (ISRA) in detail and how it affects all aspects of business, from the manufacturer to the sales representatives. It also discusses exemplary damages, attorneys’ fees, forum-selection clauses and other common issues regarding contracts. Prepared by: Shefsky & Froelich Attorneys at Law. Opens in PDF format.
Last reviewed by globalEDGE on: March 11, 2013
Tags: Country Specific, States, United States, Illinois
United States: Sales Representative and Distributorship Contracts in Indiana - a Lexwork International exclusive
This 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: March 11, 2013
Tags: Country Specific, States, United States, Indiana
United States: Sales Representative and Distributorship contracts in Massachusetts - a Lexwork International exclusive
This 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, employment laws and business taxes. Prepared by: Sherin and Lodgen LLP.
Last reviewed by globalEDGE on: January 25, 2013
Tags: Country Specific, States, United 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: March 11, 2013
Tags: Country Specific, States, United 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 11, 2013
Tags: Country Specific, States, United 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 noncompetition provisions, franchise or business opportunity possibilities laws, tax implications, and antitrust law complications. Prepared by: AterWynne LLP Attorneys at Law.
Last reviewed by globalEDGE on: March 11, 2013
Tags: Country Specific, States, United 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,’ and ‘Noncompete Provisions.’ Prepared by: Whiteford, Taylor & Preston LLP
Last reviewed by globalEDGE on: January 10, 2013
Tags: Country Specific, States, United 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 Statue 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: January 7, 2013
Tags: Country Specific, States, United 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 13, 2013
Tags: Country Specific, States, United States, Wisconsin