445.1523 Untrue statement, omission, or failure to give notice of change. Sec. 23. A person shall not make an untrue statement of a material fact in a notice or report filed with the department under this act, or omit to state in a notice or report a material fact which is required to be stated […]
445.1524 Filing of advertisement or sales literature; exemption from liability. Sec. 24. (1) The department may by rule or order require the filing of any advertisement or other sales literature or advertising communication addressed or intended for distribution to prospective franchisees. (2) Nothing in this act shall impose any liability, civil or criminal, upon any […]
445.1525 Publication of false or misleading advertisement prohibited. Sec. 25. A person shall not publish an advertisement concerning the offer or sale of a franchise in this state if the advertisement contains a statement that is false or misleading or omits to make any statement necessary in order to make the statements made, in light […]
445.1526 Repealed. 1984, Act 92, Eff. June 20, 1984. Compiler’s Notes: The repealed section pertained to violation of order.
445.1527 Void and unenforceable provisions. Sec. 27. Each of the following provisions is void and unenforceable if contained in any documents relating to a franchise: (a) A prohibition on the right of a franchisee to join an association of franchisees. (b) A requirement that a franchisee assent to a release, assignment, novation, waiver, or estoppel […]
445.1528 Pyramid. Sec. 28. The department shall not accept for filing a franchise that involves a pyramid promotional scheme that violates the pyramid promotional scheme act, MCL 445.2581 to 445.2586. History: 1974, Act 269, Eff. Oct. 15, 1974 ;– Am. 2018, Act 187, Eff. Sept. 11, 2018
445.1529, 445.1530 Repealed. 1984, Act 92, Eff. June 20, 1984. Compiler’s Notes: The repealed sections pertained to franchise agent’s application and cease and desist order.
445.1531 Liability for damages or rescission; basis of damages. Sec. 31. (1) A person who offers or sells a franchise in violation of section 5 or 8 is liable to the person purchasing the franchise for damages or rescission, with interest at 6% per year from the date of purchase until June 20, 1984 and […]
445.1532 Joint and several liability. Sec. 32. A person who directly or indirectly controls a person liable under this act, a partner in a firm so liable, a principal executive officer or director of a corporation so liable, a person occupying a similar status or performing similar functions, an employee of a person so liable […]
445.1533 Statute of limitations. Sec. 33. An action shall not be maintained to enforce a civil or criminal liability created under this act unless brought before the expiration of 4 years after the act or transaction constituting the violation. History: 1974, Act 269, Eff. Oct. 15, 1974 ;– Am. 1984, Act 92, Eff. June 20, […]
445.1534 Civil liability; liability under other statute or common law. Sec. 34. Except as explicitly provided in this act, civil liability in favor of any private party shall not arise against a person by implication from or as a result of the violation of a provision of this act or a rule or order hereunder. […]
445.1535 Action by department for injunction, restitution, or compliance; restraining order; writ of mandamus; appointment of receiver or conservator; bond not required; costs; notice of action; opportunity to cease and desist or to confer with department; presumption of immediate and irreparable harm. Sec. 35. (1) Whenever it appears to the department that a person has […]
445.1536 Investigations; statements under oath; administration of oaths and affirmations; subpoena; evidence; order requiring appearance; self-incrimination; perjury; contempt. Sec. 36. (1) The department in its discretion may: (a) Make such public or private investigations within or without this state as it deems necessary to determine if a person has violated or is about to violate […]
445.1537 Repealed. 1984, Act 92, Eff. June 20, 1984. Compiler’s Notes: The repealed section pertained to referring information as to violation to attorney general.
445.1538 Violation; penalty; punishing crime under other statute. Sec. 38. A person who violates a provision of this act shall be fined not more than $10,000.00, or imprisoned for not more than 7 years, or both. Nothing in this act limits the power of the state to punish a person for any conduct which constitutes […]
445.1539 Prohibited conduct equivalent to appointment of corporations and securities bureau as attorney for service of process; procedure for service of process. Sec. 39. When a person, including a nonresident of this state, engages in conduct prohibited or made actionable by this act or a rule or order hereunder, whether or not the person has […]
445.1540 Collection and disposition of fees and fines; detailed statement; fee for filing notice under MCL 445.1507a. Sec. 40. (1) The department shall charge and collect the fee fixed by this section. Fees and fines collected under this section and section 7a shall be transmitted to the state treasurer at least weekly, accompanied by a […]
445.1541 Rules. Sec. 41. The department shall promulgate rules pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws, to implement this act. History: 1974, Act 269, Eff. Oct. 15, 1974 Admin Rule: R 445.101 et seq. of the Michigan Administrative Code.
445.1542 Documents subject to MCL 15.231 to 15.246; publication of information; disclosure of information withheld from public inspection; evidence sought under subpoena. Sec. 42. Filings, reports, and other papers and documents filed with the department under this act shall be subject to the freedom of information act, Act No. 442 of the Public Acts of […]
445.1543-445.1545 Repealed. 1984, Act 92, Eff. June 20, 1984. Compiler’s Notes: The repealed sections pertained to copies of documents and provided an effective date.
