§ 310.303. Notice of Violation.
10 CA ADC § 310.303Barclays Official California Code of Regulations
10 CCR § 310.303
§ 310.303. Notice of Violation.
An application for approval as to form of a written notice of violation in accordance with Section 31303 of the Code shall be made in writing and may be in letter form. There shall be attached to this application as an exhibit a form of the written notice for which the Commissioner's approval is requested which should contain the following:
“THIS NOTICE DISCLOSING VIOLATION OF THE FRANCHISE INVESTMENT LAW HAS BEEN APPROVED BY THE COMMISSIONER OF BUSINESS OVERSIGHT ONLY AS TO ITS FORM. SUCH APPROVAL DOES NOT IMPLY A FINDING BY THE COMMISSIONER THAT ANY STATEMENTS MADE HEREIN OR IN ANY ACCOMPANYING DOCUMENTS ARE TRUE OR COMPLETE AND THE COMMISSIONER MAKES NO RECOMMENDATION AS TO WHETHER OR NOT RESORT SHOULD BE HAD TO THE CIVIL REMEDIES PROVIDED IN THE FRANCHISE INVESTMENT LAW.”
(d) Such information regarding the franchiser which is material and pertinent to the franchisee, including information regarding the franchiser's management, its operations and plan of business, its financial condition and the terms of its organization. In addition, the franchisee shall be furnished (1) a disclosure statement, contained in a document separate from the notice of violation, pursuant to the disclosure requirement of Section 31101(c) or Section 31114, as applicable, and (2) a statement setting forth the specific misrepresentation or omission together with the information necessary to correct such misrepresentation or omission.
Because of the importance of the date of delivery of the notice, the franchiser/subfranchisor seeking to use this procedure should provide for a means of delivery which will provide a method whereby the time of receipt of the notice by the franchisee will be ascertainable. At the time the notice is submitted for approval as to form, the applicant should indicate the method of delivery of the notice that will be used.
Credits
Note: Authority cited: Sections 31502, Corporations Code. Reference: Sections 31111 and 31303, Corporations Code.
History
1. New section filed 1-22-74; effective thirtieth day thereafter (Register 74, No. 4).
2. Change without regulatory effect amending subsection (a) and adding Note 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, § 310.303, 10 CA ADC § 310.303
End of Document |