Illinois Compiled Statutes 815 Business Transactions: Article -

• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 1
  Short title. This Act may be cited as the Franchise Disclosure Act of 1987. (Source: P.A. 85-551; 86-1475.)
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 2
  Findings and purpose. (1) The General Assembly finds and declares that the sale of franchises is a widespread business activity. Illinois residents have suffered...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 3
  Definitions. As used in this Act: (1) "Franchise" means a contract or agreement, either expressed or implied, whether oral or written, between two or more...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 4
  Jurisdiction and venue. Any provision in a franchise agreement that designates jurisdiction or venue in a forum outside of this State is void, provided...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 5
  Prohibited practices. (1) Sale of unregistered franchise unlawful. It is unlawful for any person to offer or sell any franchise required to be registered...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 6
  Fraudulent practices. In connection with the offer or sale of any franchise made in this State, it is unlawful for any person, directly or...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 7
  Sale by franchisee and extension or renewal of existing franchise. There shall be exempted from the provisions of Sections 5, 10, 11, 13 and 15...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 8
  Exemptions. (a) There shall be exempted, from the registration requirements of Section 10 of this Act, the offer and sale of a franchise if: (1)...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 9
  Exemptions from disclosure statement and registration requirements granted by Administrator. The Administrator may by rule or order provide that any information required by Section...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 10
  Registration and Annual Report. No franchisor may sell or offer to sell a franchise in this State if (1) the franchisee is domiciled in this...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 11
  Amendments. Within 30 days after the close of each quarter of its fiscal year, the franchisor shall prepare revisions to its disclosure statement to reflect...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 12
  Period of effectiveness. The registration of a franchise and the disclosure statement used in connection therewith shall continue to be effective unless the Administrator...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 13
  (Repealed). (Source: P.A. 85-551. Repealed by P.A. 96-648, eff. 10-1-09.)
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 14
  Effect of registration. The fact that a franchise has been registered by the Administrator is not a finding by the Administrator that the disclosure...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 15
  Escrow of franchise fees; surety bonds; franchise fee deferrals. If the Administrator finds that a franchisor has failed to demonstrate that adequate financial arrangements have...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 16
  Form and contents of disclosure statements. The disclosure statement required under this Act shall be prepared in accordance with the Federal Trade Commission rule entitled...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 17
  Participation in trade associations. It shall be an unfair franchise practice and a violation of this Act for a franchisor to in any way...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 18
  Discrimination. It shall be an unfair franchise practice and a violation of this Act for any franchisor to unreasonably and materially discriminate between franchisees...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 19
  Termination of a Franchise. (a) It shall be a violation of this Act for a franchisor to terminate a franchise of a franchised business...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 20
  Nonrenewal of a franchise. It shall be a violation of this Act for a franchisor to refuse to renew a franchise of a franchised...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 21
  Franchise Advisory Board. There is created in the Office of the Administrator a Franchise Advisory Board. The Franchise Advisory Board shall consist of such members...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 22
  Enforcement. (a) The Administrator may suspend, terminate, prohibit or deny the sale of any franchise or registration of any franchise or salesperson if it appears...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 23
  Hearings and notice of order suspending, terminating, prohibiting or denying sales or registration. The Administrator may summarily issue an order prohibiting, suspending, terminating or...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 24
  Civil penalties. In lieu of any penalty provided pursuant to Section 25 of this Act, and in addition to an action pursuant to subsection...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 25
  Criminal prosecution. Any person who willfully sells a franchise in this State without complying with Sections 5, 6, 10, 11, 13 or 15 of...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 26
  Private civil actions. Any person who offers, sells, terminates, or fails to renew a franchise in violation of this Act shall be liable to the...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 27
  Periods of limitation. No action shall be maintained under Section 26 of this Act to enforce any liability created by this Act unless brought...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 28
  No other civil liability. Except as explicitly provided in this Act, no civil liability in favor of any person shall arise against any person...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 29
  Certificate of registration or filing of annual report; admissibility in evidence. In any civil or criminal action brought under this Act, a Certificate under the...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 30
  (Repealed). (Source: P.A. 85-551. Repealed by P.A. 90-642, eff. 7-24-98.)
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 31
  Powers of the Administrator. (a) Investigations. The Administrator may in his discretion: (1) make such public or private investigations inside or outside this State as...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 32
  Rules and interpretive opinions. The Administrator may make and enforce such reasonable rules as are necessary to administer and enforce this Act. Such rules...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 33
  Hearings. (a) Notice required. If a hearing is requested or ordered under any provision of this Act, the Administrator shall set the matter for...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 34
  Judicial review. All final administrative decisions of the Administrator hereunder shall be subject to judicial review pursuant to the Administrative Review Law, as amended,...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 35
  Service of process. Sufficient service of any process in any action brought under this Act may be made by serving a copy thereof with...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 36
  Books and records. Every franchisor selling franchises in this State shall at all times keep and maintain a complete set of books, records and...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 37
  Public inspection. (a) Generally. All disclosure statements and other papers and documents received by the Administrator under this Act shall be open to public...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 38
  Copies to be furnished. On request and at such reasonable charges as he prescribes by rule, the Administrator shall furnish to any person photostatic...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 39
  Destruction of records. (a) Period of retention. The Administrator may destroy any disclosure statements or orders, together with the files and folders, as useless...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 40
  Fees. (a) The Administrator shall charge and collect the fees fixed by this Section, or as prescribed by rule of the Administrator. All fees and...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 41
  Waivers void. Any condition, stipulation, or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of this Act...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 42
  Burden of proof. In any proceeding under this Act, the burden of proving an exemption or an exception from a definition is upon the...
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 43
  Construction. This Act shall be liberally construed to effect the purposes thereof. (Source: P.A. 85-551.)
• Illinois Franchise Disclosure Act of 1987. - 815 ILCS 705, Section 44
  This Act shall not be construed to repeal any right, claim, penalty, offense or punishment existing under The Franchise Disclosure Act prior to the...

Last modified: February 18, 2015