CAL LEG Franchise Broker Exception


On Sep. 4, CAL LEG passed bill relating to franchise, franchise brokers.


  • CAL LEG passed bill SB 919 relating to addition of franchise brokers as law exception.
  • Franchise broker must register with CAL DFPI prior to engaging in sale of franchise.
  • Amended California corporations code CAL LEG 4-5-3-2-31210, CAL LEG 4-5-4-1-31300, CAL LEG 4-5-5-31500; added new Part 7 (commencing with Section 31520).
  • Bill Provisions
  • Franchise Investment Law generally provides for regulation of offer, sale of franchises.
  • Requires CAL DPFI to maintain risk-based process of reviewing franchise applications, focus on risks with financial condition, compliance record, application deficiencies.
  • Law requires specific written disclosures, authorizes sale of franchise be exempt from specified requirements if franchisor meets certain disclosure, notice requirements.
  • Bill added as exception to existing law provisions person registered as franchise broker.
  • Also, made a franchise broker who offers or sells a franchise in violation of specified provisions liable to the franchisee or franchisor, who may sue for damages.
  • Establish specified fees for application for registration, amendment as franchise broker.
  • Legislative History
  • On Jan. 10, 2024, bill introduced into Senate; on May 22, 2024, bill passed Senate.
  • On May 23, 2024, bill introduced in Assembly; on Aug. 26, 2024, bill passed Assembly.
  • On Aug. 28, 2024, Senate concurred with Assembly amendments; ordered to enrolling
  • On Sep. 4, 2024, bill enrolled, and presented to governor for review and approval.
  • Effectiveness
  • If enacted, bill will become effective as of Jan. 1, 2025.
  • Sep. 24, 2024 CAL LEG Governor Approval
  • On Sep. 24, 2024, CAL LEG reported bill SB 919 approved by governor, Chapter 518.

Regulators CAL LEG
Entity Types Corp
Reference Ch. 518, PR, 9/24/2024; Bill, SB919, 9/4/2024; Citation: *CAL LEG* 4-5-3-2-31210, 4-5-4-1-31300, 4-5-5-31500;
Functions Compliance; Exams; Financial; Legal; Operations; Registration/Licensing; Reporting; Risk
Countries United States of America
Category
State
Products Corporate
Regions Am
Rule Type Final
Rule Date 9/4/2024
Effective Date 1/1/2025
Rule Id 225219
Linked to N/A
Reg. Last Update 9/24/2024
Report Section US Consumer

Last substantive update on 09/29/2024