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N.C. Gen. Stat. § 18B-1302

Franchise agreement

Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
(1) Nature of Agreement. - A franchise agreement is a commercial relationship between a wholesaler and supplier of a definite or indefinite duration, whether written or oral, including: A relationship whereby a wholesaler is granted the right to offer and sell the brands of malt beverages offered by the supplier; or
(1) Nature of Agreement. — A franchise agreement is a commercial relationship between a wholesaler and supplier of a definite or indefinite duration, whether written or oral, including: A relationship whereby a wholesaler is granted the right to offer and sell the brands of malt beverages offered by the supplier; or
(2) An agreement whereby a supplier grants to a wholesaler a license to use a trade name, trademark, service mark or related characteristic and in which there is a community of interest in the marking of the products of the supplier by lease or otherwise.
(2) An agreement whereby a supplier grants to a wholesaler a license to use a trade name, trademark, service mark or related characteristic and in which there is a community of interest in the marking of the products of the supplier by lease or otherwise.
(3) Existence of Agreement. - A franchise agreement as described in subsection (a) exists when: The supplier has shipped malt beverages to a wholesaler or accepted an order for malt beverages from the wholesaler;
(3) Existence of Agreement. — A franchise agreement as described in subsection (a) exists when: The supplier has shipped malt beverages to a wholesaler or accepted an order for malt beverages from the wholesaler;
(4) A wholesaler has paid or the supplier has accepted payment for an order of malt beverages intended for sale within this State;
(4) A wholesaler has paid or the supplier has accepted payment for an order of malt beverages intended for sale within this State;
(5) The supplier and wholesaler have filed with the Commission a distribution agreement as required by G.S. 18B-1303; or
(5) The supplier and wholesaler have filed with the Commission a distribution agreement as required by G.S. 18B-1303; or
(6) A supplier acquires the right to manufacture a malt beverage product, or the trade name for such product, or the right to distribute a product, for which a wholesaler has a franchise agreement.
(6) A supplier acquires the right to manufacture a malt beverage product, or the trade name for such product, or the right to distribute a product, for which a wholesaler has a franchise agreement.
History
(1989, c. 142, s. 1; 2005-350, s. 5.)
Effect of Amendments. - Session Laws 2005-350, s. 5, effective September 7, 2005, in subdivision (b)(4), substituted "acquires" for "purchases" and "for which a" for "from another supplier with whom the."

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.