§ 310.106. Transactions Exempt Under Section 31106 of the Corporations Code--Notice of Exemptio...
10 CA ADC § 310.106Barclays Official California Code of Regulations
10 CCR § 310.106
§ 310.106. Transactions Exempt Under Section 31106 of the Corporations Code--Notice of Exemption.
Department Use Only | A. Department of Business Oversight | |
Fee paid (per Corporations Code | File No. | |
Section 31500(f)): $ | (Insert file number(s) of prior filings with the Department, if any) |
Receipt No.
STATE OF CALIFORNIA DEPARTMENT OF BUSINESS OVERSIGHT
FRANCHISE INVESTMENT LAW
NOTICE OF A TRANSACTION EXEMPT UNDER CORPORATIONS CODE SECTION 31106
SEE INSTRUCTIONS
2. (a) Name of FILER:
(b) Principal business address of FILER:
(d) If FILER is a SUBFRANCHISOR, the name and principal business address of the FRANCHISOR:
(e) Name(s) under which FRANCHISOR does business:
3. Name and address of agent in California authorized to receive service of process:
( ) (a)(1)
( ) (a)(2)
( ) (a)(3)
(a) Name of franchise or subfranchise:
(b) Description of franchised business:
(d) Name of all persons to whom the franchise was sold:
(e) Date of sale:
Name:
Title:
Business Address:
Telephone: ( )
7. Date of this notice:
Name of Filer | Authorized Signature | ||
Printed Name of Signatory |
Instructions for Completing and Filing Notice of Exemption (Sectional and Chapter references are to the California Corporations Code)
(a) The filing of this notice means that the FILER is claiming an exemption from Chapter 2 (commencing with Section 31110) regarding any offer, sale, or other transfer of a franchise or any interest in a franchise, and that the offer, sale or transfer meets the requirements for filing this notice as described in (b) and (c) below. A separate notice must be filed for each transaction for which this exemption is claimed, together with the fee prescribed in Section 31500(f).
(A) The owner or owners have had, within the seven years before the date of the sale or other transaction, at least 24 months experience being responsible for the financial and operational aspects of a business offering products or services substantially similar to those offered by the franchised business; and
(3) The offer, sale, or other transfer is of an additional franchise to an existing franchise of the franchisor, or to an entity, one or more of the officers, directors, managing agents or owners of at least a 25 percent interest of which is an existing franchisee of the franchisor; provided that, in either case, for 24 months or more the franchisee, or the qualifying person, has been engaged in a business offering products or services substantially similar to those to be offered by the franchise being sold, or otherwise transferred.
(f) If the notice form cannot be obtained from the Department, it may be typed on a single sheet of 8- ½ inch by 11 inch white bond paper, using one side only. If the space in the form is insufficient for one or more items, attach a single continuation sheet, designating the continued information by item number.
Heading:
Item 2. The information provided in parts (a), (b) and (c) relate to the company filing the notice (i.e., the “filer”) which may be the franchisor or a subfranchisor. If a subfranchisor files the notice, part (d) must be completed to give the name and principal business address of the franchisor. Part (e) must state the names associated with the franchisor's business.
Item 5. Specify the name or title given the franchise agreement. Briefly describe the franchised business (e.g. “restaurant,” “retail sales of bicycles”). Check the box to specify whether the franchise is one to conduct the franchised business (Corp. Code Section 31010) or a subfranchise (Corp. Code Section 31008.5). Give the names of all the purchasers of the franchise or subfranchise. State the date of when the sale was consummated.
The notice must be filed and the fee paid within 15 calendar days after the sale of the franchise. The notice may be filed, and the fee may be paid, by mail or delivery to any office of the Department of Business Oversight. The notice is effective when received with the fee (Section 31106(b)).
Credits
Note: Authority cited: Section 31502, Corporations Code. Reference: Sections 31106 and 31500(f), Corporations Code.
History
1. New section filed 7-29-98; operative 8-28-98 (Register 98, No. 31).
2. Change without regulatory effect amending form within subsection (a) and amending final paragraph filed 8-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 33).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 10, § 310.106, 10 CA ADC § 310.106
End of Document |