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Corporations Code - CORP - CORP § 3100
Corporations Code - CORP - CORP § 3100
(a) A social purpose corporation may sell, lease, convey, exchange, transfer, or otherwise dispose of all or substantially all of its assets when the principal terms of the transaction are approved by the board and are approved by an affirmative vote of at least two-thirds of the
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Corporations Code - CORP - CORP § 31000
Corporations Code - CORP - CORP § 31000
This division may be known as the “Franchise Investment Law.” References in this division to “this law” refer to the applicable provisions of this division.
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Corporations Code - CORP - CORP § 31001
Corporations Code - CORP - CORP § 31001
The Legislature hereby finds and declares that the widespread sale of franchises is a relatively new form of business which has created numerous problems both from an investment and a business point of view in the State of California. Prior to the enactment of this division, the
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Corporations Code - CORP - CORP § 31001.1
Corporations Code - CORP - CORP § 31001.1
(a) To enhance the uniform and efficient administration, and the effective enforcement, of this division, it is the intent of the Legislature that the commissioner shall maintain a risk-based process of reviewing franchise applications as described in this section. (b) Under the
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Corporations Code - CORP - CORP § 31002
Corporations Code - CORP - CORP § 31002
Unless the context otherwise requires, the definitions in this part apply throughout this division.
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Corporations Code - CORP - CORP § 31003
Corporations Code - CORP - CORP § 31003
“Advertisement” means any written or printed communication or any communication by means of recorded telephone messages or spoken on radio, television, or similar communications media, published in connection with an offer or sale of a franchise.
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Corporations Code - CORP - CORP § 31003.5
Corporations Code - CORP - CORP § 31003.5
“Business days” are all days other than every Saturday, every Sunday, and such other days as are specified or provided for as holidays in the Government Code.
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Corporations Code - CORP - CORP § 31004
Corporations Code - CORP - CORP § 31004
“Commissioner” means the Commissioner of Financial Protection and Innovation.
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Corporations Code - CORP - CORP § 31005
Corporations Code - CORP - CORP § 31005
(a) “Franchise” means a contract or agreement, either expressed or implied, whether oral or written, between two or more persons by which: (1) A franchisee is granted the right to engage in the business of offering, selling or distributing goods or services under a marketing plan
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Corporations Code - CORP - CORP § 31005.5
Corporations Code - CORP - CORP § 31005.5
For the purposes of this division and in respect only to a franchise as defined in subdivision (b) of Section 31005, the following terms shall have the following meanings: (a) “Franchisor” means a refiner or petroleum distributor who authorizes or permits, under a franchise, a pe
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Corporations Code - CORP - CORP § 31006
Corporations Code - CORP - CORP § 31006
A “franchisee” is a person to whom a franchise is granted.
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Corporations Code - CORP - CORP § 31007
Corporations Code - CORP - CORP § 31007
A “franchisor” is a person who grants a franchise.
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Corporations Code - CORP - CORP § 31008
Corporations Code - CORP - CORP § 31008
“Area franchise” means any franchise between a franchisor and a franchisee whereby the franchisee is granted the right to operate more than one unit within a specified geographical area.
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Corporations Code - CORP - CORP § 31008.5
Corporations Code - CORP - CORP § 31008.5
“Subfranchise” means any contract or agreement between a franchisor and a subfranchisor whereby the subfranchisor is granted the right, for consideration given in whole or in part for that right, to sell or negotiate the sale of franchises in the name or on behalf of the franchis
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Corporations Code - CORP - CORP § 31009
Corporations Code - CORP - CORP § 31009
A “subfranchisor” is a person to whom a subfranchise is granted.
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Corporations Code - CORP - CORP § 31010
Corporations Code - CORP - CORP § 31010
Where used in this law, unless specifically stated otherwise, “franchise” includes “area franchise” and “subfranchise.”
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Corporations Code - CORP - CORP § 31011
Corporations Code - CORP - CORP § 31011
“Franchise fee” means any fee or charge that a franchisee or subfranchisor is required to pay or agrees to pay for the right to enter into a business under a franchise agreement, including, but not limited to, any payment for goods and services. However, the following shall not b
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Corporations Code - CORP - CORP § 31012
Corporations Code - CORP - CORP § 31012
“Fraud” and “deceit” are not limited to common law fraud or deceit.
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Corporations Code - CORP - CORP § 31013
Corporations Code - CORP - CORP § 31013
(a) An offer or sale of a franchise is made in this state when an offer to sell is made in this state, or an offer to buy is accepted in this state, or if the franchise business is intended to or will be operated in this state. (b) An offer to sell is made in this state when the
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Corporations Code - CORP - CORP § 31014
Corporations Code - CORP - CORP § 31014
“Order” means a consent, authorization, approval, prohibition or requirement applicable to a specific case issued by the commissioner.
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Corporations Code - CORP - CORP § 31015
Corporations Code - CORP - CORP § 31015
“Person” means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust or an unincorporated organization.
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Corporations Code - CORP - CORP § 31016
Corporations Code - CORP - CORP § 31016
“Publish” means publicly to issue or circulate by newspaper, mail, radio or television, or otherwise to disseminate to the public.
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Corporations Code - CORP - CORP § 31017
Corporations Code - CORP - CORP § 31017
“Rule” means any published regulation or standard of general application issued by the commissioner.
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Corporations Code - CORP - CORP § 31018
Corporations Code - CORP - CORP § 31018
(a) “Sale” or “sell” includes every contract or agreement of sale of, a contract to sell, or disposition of, a franchise or interest in a franchise for value. (b) “Offer” or “offer to sell” includes every attempt to dispose of, or solicitation of an offer to buy, a franchise or i
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Corporations Code - CORP - CORP § 31019
Corporations Code - CORP - CORP § 31019
“State” means any state, territory, or possession of the United States, the District of Columbia and Puerto Rico.