Mich. Admin. Code R. 445.201

Current through Vol. 24-21, December 1, 2024
Section R. 445.201 - Documents accompanying application for registration or notification of exemption

Rule 201. Without limiting the administrator's power to require additional information under section 8(t) of the act, an application for registration of a franchise, or a notification of an exemption pursuant to section 6(2)(a) or (b) of the act, shall be accompanied by:

(a) Upon request of the administrator, a copy of the current articles of incorporation and annual reports and amendments thereto, except that in the case of a partnership, the certificate of co-partnership shall be submitted. In the case of doing business under an assumed name, the assumed name certificate shall be submitted.
(b) A copy of any contractual agreement between the franchisor and franchise broker-agent relating to the sale of a franchise.
(c) A copy of the typical current franchise contract.
(d) A copy of the operations manual and policy manual, or their equivalent. The administrator shall, upon request, retain those portions of the document containing trade or business secrets as a confidential document.

The administrator may, in its discretion, return an operations manual and policy manual, or their equivalent, if a determination is made that the document does not contain information necessary to establish legal or economic relationships between the franchisee and franchisor. The administrator may require delivery of portions to each prospective franchisee at least 1 week prior to sale. The franchisor may require execution by that prospective franchisee of an agreement of confidentiality on a form acceptable to the administrator.

(e) Other documents or information necessary to establish the legal and economic relationships to be created between the franchisee and franchisor.
(f) Documents or information filed with the federal trade commission under its franchise disclosure requirements.
(g) An irrevocable consent to service of process, pursuant to the act, in the prescribed form, or in a uniform form satisfactory to the administrator containing substantially the same provisions.

Mich. Admin. Code R. 445.201

1979 AC