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Corporations Code - CORP - CORP § 313

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 313

Subject to the provisions of subdivision (a) of Section 208, any note, mortgage, evidence of indebtedness, contract, share certificate, initial transaction statement or written statement, conveyance, or other instrument in writing, and any assignment or endorsement thereof, execu

Corporations Code - CORP - CORP § 31300

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31300

(a) Any person who offers or sells a franchise in violation of Section 31101, 31110, 31119, 31200, or 31202, or in violation of any provision of this division that provides an exemption from the provisions of Chapter 2 (commencing with Section 31110) of Part 2 or any portions of

Corporations Code - CORP - CORP § 31301

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31301

Any person who violates Section 31201 shall be liable to any person (not knowing or having cause to believe that such statement was false or misleading) who, while relying upon such statement shall have purchased a franchise, for damages, unless the defendant proves that the plai

Corporations Code - CORP - CORP § 31302

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31302

Every person who directly or indirectly controls a person liable under Section 31300 or 31301, every partner in a firm so liable, every principal executive officer or director of a corporation so liable, every person occupying a similar status or performing similar functions, eve

Corporations Code - CORP - CORP § 31302.5

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31302.5

(a) Any person who violates Section 31220 may be sued in the superior court in the county in which the defendant resides or where a franchise affected by the violation does business, for temporary and permanent injunctive relief and for damages, if any, and the costs of suit, inc

Corporations Code - CORP - CORP § 31303

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31303

No action shall be maintained to enforce any liability created under Section 31300 unless brought before the expiration of four years after the act or transaction constituting the violation, the expiration of one year after the discovery by the plaintiff of the fact constituting

Corporations Code - CORP - CORP § 31304

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31304

No action shall be maintained to enforce any liability created under Section 31301 unless brought before the expiration of two years after the violation upon which it is based, expiration of one year after the discovery by the plaintiff of the facts constituting such violation, o

Corporations Code - CORP - CORP § 31305

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31305

Every cause of action under this chapter survives the death of any person who might have been a plaintiff or defendant.

Corporations Code - CORP - CORP § 31306

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31306

Nothing in this chapter shall limit any liability which may exist by virtue of any other statute or under common law if this law were not in effect.

Corporations Code - CORP - CORP § 314

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 314

The original or a copy in writing or in any other form capable of being converted into clearly legible tangible form of the bylaws or of the minutes of any incorporators’, shareholders’, directors’, committee or other meeting or of any resolution adopted by the board or a committ

Corporations Code - CORP - CORP § 31400

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31400

(a) Whenever it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this law or any rule or order hereunder, the commissioner may in the commissioner’s discretion bring an action, or the

Corporations Code - CORP - CORP § 31400.1

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31400.1

In any proceeding under Section 31400, the court may prohibit, conditionally or unconditionally, and permanently or for such period of time as it shall determine, any person who violated Section 31200, 31201, or 31202 from acting as an officer or director of any franchisor if the

Corporations Code - CORP - CORP § 31401

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31401

(a) The commissioner may in his discretion (1) make such public or private investigations within or outside of this state as he deems necessary to determine whether any person has violated or is about to violate any provision of this law or any rule or order hereunder or to aid i

Corporations Code - CORP - CORP § 31402

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31402

If, in the opinion of the commissioner, the offer of any franchise is subject to registration under this law and it is being, or it has been, offered for sale without the offer first being registered, the commissioner may order the franchisor or offeror of that franchise to desis

Corporations Code - CORP - CORP § 31403

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31403

If, in the opinion of the commissioner, the offer of any franchise exempt from registration under this law is being or has been offered for sale without complying with Section 31201, or any other provision that provides an exemption from Chapter 2 (commencing with Section 31110)

Corporations Code - CORP - CORP § 31404

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31404

The commissioner may refer evidence that is available concerning any violation of this law or of any rule or order hereunder to the district attorney of the county in which the violation occurred, who may, with or without such a reference, institute appropriate criminal proceedin

Corporations Code - CORP - CORP § 31405

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31405

(a) Any person who violates any provision of this law, or who violates any rule or order made under this law, shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each violation, which shall be assessed and recovered in a civil action brought in th

Corporations Code - CORP - CORP § 31406

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31406

(a) If, upon inspection or investigation, based upon a complaint or otherwise, the commissioner has cause to believe that a person is violating or has violated any provision of this division or any rule or order promulgated pursuant to this division, the commissioner may issue a

Corporations Code - CORP - CORP § 31407

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31407

(a) If, after examination or investigation, the commissioner has reasonable grounds to believe that any person is conducting or has conducted business in violation of any provision of this division or related rule or order binding upon it, the commissioner may, by written order a

Corporations Code - CORP - CORP § 31408

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31408

(a) If the commissioner determines it is in the public interest, the commissioner may include in any administrative action brought under this division, including a stop order, a claim for ancillary relief, including, but not limited to, a claim for rescission, restitution or disg

Corporations Code - CORP - CORP § 31410

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31410

Any person who willfully violates any provision of this law, or who willfully violates any rule or order under this law, shall upon conviction be fined not more than one hundred thousand dollars ($100,000) or imprisoned pursuant to subdivision (h) of Section 1170 of the Penal Cod

Corporations Code - CORP - CORP § 31411

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31411

Any person who willfully employs, directly or indirectly, any device, scheme, or artifice to defraud in connection with the offer or sale of any franchise or willfully engages, directly or indirectly, in any act, practice, or course of business which operates or would operate as

Corporations Code - CORP - CORP § 31412

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31412

Nothing in this law limits the power of the state to punish any person for any conduct which constitutes a crime under any other statute.

Corporations Code - CORP - CORP § 31420

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 31420

When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this law or any rule or order hereunder, whether or not he has filed a consent to service of process under Section 31155, and personal jurisdiction over him cannot otherw

Corporations Code - CORP - CORP § 315

statute | California | California Legislative Counsel

Corporations Code - CORP - CORP § 315

(a) A corporation shall not make any loan of money or property to, or guarantee the obligation of, any director or officer of the corporation or of its parent, unless the transaction, or an employee benefit plan authorizing the loans or guaranties after disclosure of the right un