80C.01 DEFINITIONS. Subdivision 1. Scope. As used in sections 80C.01 to 80C.22, the terms defined in this section have the meanings here given them. Subd. 2. Advertisement. “Advertisement” means any written or printed communication or any communication by recorded telephone message, radio, television, picture or similar means published in connection with a sale of, or […]
80C.02 REGISTRATION REQUIREMENT. No person may offer or sell any franchise in this state unless there is an effective registration statement on file in accordance with the provisions of sections 80C.01 to 80C.22 or unless the franchise or transaction is exempted under section 80C.03. History: 1973 c 612 s 2
80C.03 EXEMPTIONS. The registration requirement imposed by section 80C.02 shall not apply to the following provided that the method of offer or sale is not used for the purpose of evading sections 80C.01 to 80C.22: (a) the offer or sale of a franchise owned by that franchisee, or the offer or sale of the entire […]
80C.04 APPLICATION FOR REGISTRATION. Subdivision 1. Required filing and contents. An application for registration of a franchise shall be made by filing with the commissioner a proposed public offering statement accompanied by a fee of $400. The public offering statement shall contain the following: (a) the name of the franchisor, the name under which the […]
80C.05 REGISTRATION PROVISIONS. Subdivision 1. Signing and verification required. Every application for registration, including amendments thereto, and annual report shall be signed and verified by the applicant and by the franchisor and subfranchisor on whose behalf the offering is to be made. Subd. 2. Commissioner’s powers. The commissioner shall have power to place such conditions, […]
80C.06 PUBLIC OFFERING STATEMENT. Subdivision 1. Type size and style. Except as required by sections 80C.01 to 80C.22, no portion of the public offering statement shall be underscored, italicized, printed in larger or bolder type than the balance of the statement unless the commissioner requires or permits it. The public offering statement shall recite in […]
80C.07 AMENDMENT OF REGISTRATION. A person with a registration in effect shall, within 30 days after the occurrence of any material change in the information on file with the commissioner, notify the commissioner in writing of the change by an application to amend the registration accompanied by a fee of $100. The commissioner may by […]
80C.08 ANNUAL REPORT. Subdivision 1. Filing; fee. A registration is effective for 12 months from the date the commissioner’s order is issued. A registrant must file a report, in the form prescribed by rule of the commissioner, before the end of the registration effective period. A fee of $200 shall accompany the annual report. Subd. […]
80C.09 ADVERTISING. Subdivision 1. Filed copy required. No person shall publish or cause to be published in this state any advertisement offering a franchise subject to the registration requirements of sections 80C.01 to 80C.22 unless a true copy of the advertisement has been filed in the office of the commissioner at least five business days […]
80C.10 BOOKS, RECORDS AND ACCOUNTS. Every franchisor or subfranchisor offering franchises for sale in this state shall at all times keep and maintain a complete set of books, records and accounts of such sales, which shall at all times be open to inspection by the commissioner. History: 1973 c 612 s 10
80C.11 OPINIONS, APPRAISALS, AND REPORTS. The commissioner may accept and act upon the opinions, appraisals and reports of any independent engineers, appraisers, or other independent experts which may be presented by an applicant or any interested party, on any question of fact concerning or affecting the franchises proposed to be offered and sold. The commissioner […]
80C.12 DENIAL, SUSPENSION OR REVOCATION OF REGISTRATIONS OR EXEMPTIONS. Subdivision 1. Grounds. The commissioner, with or without prior notice or hearing, may issue a cease and desist order and may issue an order denying, suspending or revoking any registration, amendment or exemption on finding any of the following: (a) That the applicant, registrant or franchisor […]
80C.13 PROHIBITED PRACTICES. Subdivision 1. Documents; untrue material facts and omitted material changes. No person may make or cause to be made any untrue statement of a material fact in any application, notice, report, or other document filed with the commissioner under sections 80C.01 to 80C.22, or omit to state in any such application, notice, […]
80C.14 UNFAIR PRACTICES. Subdivision 1. Prohibition. No person, whether by means of a term or condition of a franchise or otherwise, shall engage in any unfair or inequitable practice in contravention of such rules as the commissioner may adopt defining as to franchises the words “unfair and inequitable.” For the purpose of rules defining the […]
80C.144 EXEMPT MOTOR FUEL FRANCHISES; ALTERNATIVE COMPLIANCE. A motor fuel franchise exempt from regulation under this chapter pursuant to section 80C.01, subdivision 4, paragraph (f), is subject to regulation under chapter 80F. History: 2006 c 252 s 2; 2006 c 281 art 4 s 3
80C.145 MOTOR FUEL FRANCHISES; RIGHT OF SURVIVORSHIP. Subdivision 1. Required provisions. No motor fuel franchisor shall initially execute or renew a franchise agreement in the state after July 1, 1981 unless it contains the provisions of subdivisions 3 to 9. Subd. 2. Definition; designated family member. For purposes of this section, “designated family member” means […]
80C.146 ELIMINATION OF SERVICE BAYS PROHIBITED. Subdivision 1. Definitions. As used in this section, the terms defined in this subdivision have the meanings given them. “Full-service station” means any place of business where motor vehicle fuel is sold and delivered into the tanks of motor vehicles and has an enclosed area where automobile repairs are […]
80C.147 CHANGE IN OWNERSHIP. A motor vehicle fuel franchisor, or an affiliate of such franchisor, who (1) determines to sell or transfer its interests in marketing premises occupied by a franchisee, and (2) in connection with such sale or transfer assigns its interest as a franchisor in a franchise agreement applicable to such premises, shall […]
80C.16 ENFORCEMENT; PENALTIES AND REMEDIES. Subdivision 1. [Repealed, 1987 c 336 s 47] Subd. 2. Civil penalties and remedies. Any person who violates section 80C.02, 80C.06, 80C.09, 80C.13 or 80C.14 shall be subject to a fine of not more than $2,000 for each violation. Any person who fails to comply with a final judgment or […]
80C.17 CIVIL LIABILITY. Subdivision 1. Damages, rescission, and other relief. A person who violates any provision of this chapter or any rule or order thereunder shall be liable to the franchisee or subfranchisor who may sue for damages caused thereby, for rescission, or other relief as the court may deem appropriate. Subd. 2. Joint and […]
