§ 19.100.010 Definitions
§ 19.100.020 Unlawful in certain instances to sell or offer to sell franchise if unregistered or not exempt
§ 19.100.030 Exemptions from registration requirements
§ 19.100.040 Application for registration — Contents — Filing
§ 19.100.050 Escrow or impoundment of franchise fees as registration condition — Rules or orders — Procedure to rescind
§ 19.100.060 Registration statement — Effective, when
§ 19.100.070 Registration — Claim of exemption filing — Duration — Renewal — Supplemental report
§ 19.100.080 Unlawful acts — Sale of franchise — Terms of franchise agreement
§ 19.100.090 Filings, registration, or finding of director — Construction
§ 19.100.100 Advertisements — Copy to be filed
§ 19.100.110 Advertisements — False or misleading — Notice — Procedure
§ 19.100.120 Registration statement — Stop order — Grounds
§ 19.100.130 Registration statement — Stop order — Notice — Hearing — Modification or vacation of order
§ 19.100.140 Registration of franchise brokers required
§ 19.100.150 Records and accounts — Reports
§ 19.100.160 Application of chapter — Jurisdiction — Service of process — Consent
§ 19.100.170 Violations
§ 19.100.180 Relation between franchisor and franchisee — Rights and prohibitions
§ 19.100.184 Terms and conditions from negotiations initiated by franchisee
§ 19.100.190 Unfair or deceptive acts — Suits for damages — Violations of other acts, use in evidence
§ 19.100.200 Pendency of other proceedings tolls limitation of action
§ 19.100.210 Violations — Injunctions — Assurance of discontinuance — Civil and criminal penalties — Chapter nonexclusive
§ 19.100.220 Exceptions or exemptions — Burden of proof — Waivers of compliance void — Settlement release or waiver — Chapter as fundamental policy
§ 19.100.230 Referral of evidence to attorney general or prosecuting attorney
§ 19.100.240 Fees
§ 19.100.242 Investigations by director
§ 19.100.243 Subpoena authority — Application — Contents — Notice — Fees
§ 19.100.245 Investigatory powers — Proceedings for contempt
§ 19.100.248 Cease and desist orders
§ 19.100.250 Powers of director as to rules, forms, orders and defining terms — Interpretive opinions
§ 19.100.252 Denial, suspension, or revocation of franchise broker by director
§ 19.100.255 Denial, suspension, or revocation of exemption by director
§ 19.100.260 Applicability of administrative procedure act
§ 19.100.270 Administrator of securities
§ 19.100.900 Chapter applicable to existing and future franchises and contracts
§ 19.100.910 Chapter cumulative and nonexclusive
§ 19.100.920 Effective date — 1971 ex.s. c 252
§ 19.100.940 Short title
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Terms Used In Washington Code > Chapter 19.100 - Franchise investment protection

  • Advertisement: means any written or printed communication or any communication by means of recorded telephone messages or spoken on radio, television, or similar communication media published in connection with an offer or sale of a franchise. See Washington Code 19.100.010
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: means a person controlling, controlled by, or under common control with another person, every officer or director of such person, and every person occupying a similar status or performing similar functions. See Washington Code 19.100.010
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bank credit card plan: means a credit card plan in which the issuer of credit cards is a national bank, state bank, trust company or any other banking institution subject to the supervision of the director of financial institutions of this state or any parent or subsidiary of such bank. See Washington Code 19.100.010
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Director: means the director of financial institutions. See Washington Code 19.100.010
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • filed with and subject to the approval of the superior court: means the receipt under this chapter of a record by the director or a designee of the director. See Washington Code 19.100.010
  • Franchise: means :
Washington Code 19.100.010
  • Franchise broker: means a person who directly or indirectly engages in the business of the offer or sale of franchises. See Washington Code 19.100.010
  • 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 into a business or to continue a business under a franchise agreement, including, but not limited to, the payment either in lump sum or by installments of an initial capital investment fee, any fee or charges based upon a percentage of gross or net sales whether or not referred to as royalty fees, any payment for the mandatory purchase of goods or services or any payment for goods or services available only from the franchisor, or any training fees or training school fees or charges; however, the following shall not be considered payment of a franchise fee: (a) The purchase or agreement to purchase goods at a bona fide wholesale price; (b) the purchase or agreement to purchase goods by consignment; if, and only if the proceeds remitted by the franchisee from any such sale shall reflect only the bona fide wholesale price of such goods; (c) a bona fide loan to the franchisee from the franchisor; (d) the purchase or agreement to purchase goods at a bona fide retail price subject to a bona fide commission or compensation plan that in substance reflects only a bona fide wholesale transaction; (e) the purchase or lease or agreement to purchase or lease supplies or fixtures necessary to enter into the business or to continue the business under the franchise agreement at their fair market or rental value; (f) the purchase or lease or agreement to purchase or lease real property necessary to enter into the business or to continue the business under the franchise agreement at the fair market or rental value; (g) amounts paid for trading stamps redeemable in cash only; (h) amounts paid for trading stamps to be used as incentives only and not to be used in, with, or for the sale of any goods. See Washington Code 19.100.010
  • Franchisee: means a person to whom a franchise is offered or granted. See Washington Code 19.100.010
  • Franchisor: means a person who grants a franchise to another person. See Washington Code 19.100.010
  • Fraud: Intentional deception resulting in injury to another.
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Marketing plan: means a plan or system concerning an aspect of conducting business. See Washington Code 19.100.010
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Oath: A promise to tell the truth.
  • offer to sell: includes every attempt or offer to dispose of or solicitation of an offer to buy a franchise or an interest in a franchise. See Washington Code 19.100.010
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means a natural person, corporation, partnership, trust, or other entity and in the case of an entity, it shall include any other entity which has a majority interest in such an entity or effectively controls such other entity as well as the individual officers, directors, and other persons in act of control of the activities of each such entity. See Washington Code 19.100.010
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Prospective franchisee: means any person, including any agent, representative, or employee, who approaches or is approached by a franchise seller to discuss the possible establishment of a franchise relationship. See Washington Code 19.100.010
  • Publish: means publicly to issue or circulate by newspaper, mail, radio, or television or otherwise to disseminate to the public. See Washington Code 19.100.010
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Washington Code 19.100.010
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • sell: includes every contract of sale, contract to sell, or disposition of a franchise. See Washington Code 19.100.010
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Subfranchise: means an agreement, express or implied, oral or written, by which a person pays or agrees to pay, directly or indirectly, a franchisor or affiliate for the right to grant, sell or negotiate the sale of a franchise. See Washington Code 19.100.010
  • Subfranchisor: means a person to whom a subfranchise is granted. See Washington Code 19.100.010
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trustee: A person or institution holding and administering property in trust.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.