Subdivision 1.Signing and verification required.

Every application for registration, including amendments thereto, and annual report shall be signed and verified by the applicant and by the franchisor and subfranchisor on whose behalf the offering is to be made.

Subd. 2.Commissioner’s powers.

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Terms Used In Minnesota Statutes 80C.05

  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

The commissioner shall have power to place such conditions, limitations, and restrictions on any registration as may be necessary to carry out the purposes of sections 80C.01 to 80C.22. Upon compliance with the provisions of sections 80C.01 to 80C.22 and other requirements of the commissioner, and if the commissioner finds no ground for denial of the registration, the commissioner shall register the franchise. Registration shall show the franchise registered and for whom registered, and shall specify the conditions, limitations, and restrictions upon such registration, if any, or shall make proper reference to a formal order of the commissioner on file showing such conditions, limitations, and restrictions. The registration shall become effective upon issuance by the commissioner of an order for registration.

Subd. 3.Escrow or impoundment of fees and other funds by commissioner.

If the commissioner finds that the applicant has failed to demonstrate that adequate financial arrangements have been made to fulfill obligations to provide real estate, improvements, equipment, inventory, training or other items included in the offering, the commissioner may by rule or order require the escrow or impoundment of franchise fees and other funds paid by the franchisee or subfranchisor until no later than the time of opening of the franchise business.

Subd. 4.Withdrawal due to inactivity.

If no activity occurs with respect to an application for registration for a period of 120 days, the commissioner may by order declare the application withdrawn.