|
|
|
|
|
|
|
|
|
|
|
|
|
|
2005 LAWS OF MARYLAND
|
|
|
|
Ch. 433
|
|
|
|
|
|
|
|
|
|
|
(5) THE COMMENCEMENT OF PROCEDURES TO DISSOLVE OR LIQUIDATE
THE DEALER IF THE DEALER IS A PARTNERSHIP OR CORPORATION;
(6) A CHANGE, WITHOUT THE PRIOR WRITTEN APPROVAL OF THE
SUPPLIER, THAT SHALL NOT BE UNREASONABLY WITHHELD, IN THE LOCATION OF
THE PRINCIPAL PLACE OF BUSINESS OF THE DEALER OR ADDITIONAL LOCATIONS
SET FORTH IN THE AGREEMENT;
(7) THE WITHDRAWAL OF AN INDIVIDUAL PROPRIETOR, PARTNER,
MAJOR SHAREHOLDER, OR MANAGER OF THE DEALERSHIP, OR A SUBSTANTIAL
REDUCTION IN INTEREST OF A PARTNER OR MAJOR SHAREHOLDER, WITHOUT THE
PRIOR WRITTEN CONSENT OF THE SUPPLIER;
(8) THE REVOCATION OR DISCONTINUANCE OF ANY GUARANTEE OF
THE PRESENT OR FUTURE OBLIGATIONS OF THE DEALER TO THE SUPPLIER;
(9) THE DEALER FAILS TO OPERATE IN THE NORMAL COURSE OF
BUSINESS FOR 7 CONSECUTIVE BUSINESS DAYS OR OTHERWISE ABANDONS THE
BUSINESS;
(10) THE GUILTY PLEA OR CONVICTION OF A FELONY OF A DEALER
AFFECTING THE RELATIONSHIP BETWEEN THE DEALER AND SUPPLIER; OR
(11) THE DEALER TRANSFERS AN INTEREST IN THE DEALERSHIP OR A
PERSON WITH A SUBSTANTIAL INTEREST IN THE OWNERSHIP OR CONTROL OF THE
DEALERSHIP, INCLUDING AN INDIVIDUAL PROPRIETOR, PARTNER, OR MAJOR
SHAREHOLDER, WITHDRAWS FROM THE DEALERSHIP OR DIES, OR A SUBSTANTIAL
REDUCTION OCCURS IN THE INTEREST OF A PARTNER OR MAJOR SHAREHOLDER IN
THE DEALER DEALERSHIP.
19-103.
(A) A SUPPLIER MAY NOT DIRECTLY OR THROUGH AN OFFICER, AGENT, OR
EMPLOYEE TERMINATE, CANCEL, FAIL TO RENEW, OR SUBSTANTIALLY CHANGE THE
COMPETITIVE CIRCUMSTANCES OF A CONTRACT WITHOUT GOOD CAUSE.
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
SUPPLIER WHO TERMINATES, CANCELS, FAILS TO RENEW, OR SUBSTANTIALLY
CHANGES THE COMPETITIVE CIRCUMSTANCES OF A CONTRACT WITH GOOD CAUSE
IS NOT REQUIRED TO PROVIDE ANY NOTICE OR THE RIGHT TO CURE A DEFICIENCY
TO A DEALER
(2) IF A SUPPLIER TERMINATES, CANCELS, FAILS TO RENEW, OR
SUBSTANTIALLY CHANGES THE COMPETITIVE CIRCUMSTANCES OF A CONTRACT
BASED UPON THE DEALER'S FAILURE TO CAPTURE THE SHARE OF THE MARKET
REQUIRED IN THE CONTRACT AND THE SUPPLIER HAS WORKED WITH THE DEALER
FOR A MINIMUM OF 12 MONTHS TO GAIN THE DESIRED MARKET SHARE, THE
SUPPLIER SHALL PROVIDE A DEALER WITH AT LEAST 90 DAYS' WRITTEN NOTICE OF
THE TERMINATION OF THE AGREEMENT AND A 60 DAY RIGHT TO CURE.
|
|
|
|
|
|
|
|
- 2004 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
![clear space](../../../images/clear.gif) |