California Corporations Code PART 1 - DEFINITIONS

• Section 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.(Added...
• Section 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...
• Section 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...
• Section 31002.
  Unless the context otherwise requires, the definitions in this part apply throughout this division.(Added by Stats. 1970, Ch. 1400.)
• Section 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,...
• Section 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...
• Section 31004.
  “Commissioner” means the Commissioner of Business Oversight.(Amended by Stats. 2013, Ch. 353, Sec. 45. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by...
• Section 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...
• Section 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...
• Section 31006.
  A “franchisee” is a person to whom a franchise is granted.(Added by Stats. 1970, Ch. 1400.)
• Section 31007.
  A “franchisor” is a person who grants a franchise.(Added by Stats. 1970, Ch. 1400.)
• Section 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...
• Section 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...
• Section 31009.
  A “subfranchisor” is a person to whom a subfranchise is granted.(Amended by Stats. 1988, Ch. 562, Sec. 3.)
• Section 31010.
  Where used in this law, unless specifically stated otherwise, “franchise” includes “area franchise” and “subfranchise.”(Amended by Stats. 1988, Ch. 562, Sec. 4.)
• Section 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...
• Section 31012.
  “Fraud” and “deceit” are not limited to common law fraud or deceit.(Added by Stats. 1970, Ch. 1400.)
• Section 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...
• Section 31014.
  “Order” means a consent, authorization, approval, prohibition or requirement applicable to a specific case issued by the commissioner.(Added by Stats. 1970, Ch. 1400.)
• Section 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...
• Section 31016.
  “Publish” means publicly to issue or circulate by newspaper, mail, radio or television, or otherwise to disseminate to the public.(Added by Stats. 1970, Ch. 1400.)
• Section 31017.
  “Rule” means any published regulation or standard of general application issued by the commissioner.(Added by Stats. 1970, Ch. 1400.)
• Section 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...
• Section 31019.
  “State” means any state, territory, or possession of the United States, the District of Columbia and Puerto Rico.(Added by Stats. 1970, Ch. 1400.)

Last modified: October 22, 2018