Changes to the Franchising Code of Conduct – Part 3

In our final article on the Wein review, we look at the last few recommendations made.

Recommendation 11

That subclause 20(4) of the Code be amended to read:

a) The franchisor is taken to have given consent to the transfer or novation if the franchisor does not, within 42 days after the request was made, or all information reasonably required by the franchisor under the franchise agreement has been provided, whichever is the latter, give to the franchisee written notice:

i. that consent is withheld; and

ii. setting out why consent is withheld

b) The franchisee should take all reasonable steps to provide all information required under the franchise agreement to enable the franchisor to be able to properly evaluate the request.