Malaysia legislation

Section 31

of *FRANCHISE ACT 1998

Section 31

(2)

“Good cause” shall include, but is not limited to—

(a)

the failure of a franchisor or a franchisee to comply with any terms of the franchise agreement or any other relevant agreement entered into between the franchisor and franchisee; and

(b)

the failure of a franchisor or the franchisee to remedy the breach committed by him or any of his employees within the period stated in a written notice given by the franchisor, which shall not be less than fourteen days, for the breach to be remedied.

(3)

“Good cause” shall include, but without the requirement of notice and an opportunity to remedy the breach, circumstances in which the franchisor or franchisee—

(a)

makes an assignment of the franchise rights for the benefit of creditors or a similar disposition of the assets of the franchise to any other person;

(aa)

becomes bankrupt or insolvent;

(b)

voluntarily abandons the franchised business;

(c)

is convicted of a criminal offence which substantially impairs the goodwill associated with the franchisor’s mark or other intellectual property; or

(d)

repeatedly fails to comply with the terms of the franchise agreement.

Non-renewal of franchise agreement