(1)  A franchisee or franchisor doing business in this state shall:

Terms Used In Utah Code 13-35-105

  • Department: means the Department of Commerce. See Utah Code 13-35-102
  • franchise agreement: means a written agreement, for a definite or indefinite period, in which:
(a) a person grants to another person a license to use a trade name, trademark, service mark, or related characteristic; and
(b) a community of interest exists in the marketing of new powersport vehicles, new powersport vehicle parts, and services related to the sale or lease of new powersport vehicles at wholesale or retail. See Utah Code 13-35-102
  • Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new powersport vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-35-102
  • Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new powersport vehicles manufactured, produced, represented, or distributed by the franchisor, and includes:
    (i) the manufacturer or distributor of the new powersport vehicles;
    (ii) an intermediate distributor;
    (iii) an agent, officer, or field or area representative of the franchisor; and
    (iv) a person who is affiliated with a manufacturer or a representative or who directly or indirectly through an intermediary is controlled by, or is under common control with the manufacturer. See Utah Code 13-35-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (a)  annually register or renew its registration with the department in a manner established by the department; and

    (b)  pay an annual registration fee in an amount determined by the department in accordance with Sections 13-1-2 and 63J-1-504.

    • (2)  The department shall register or renew the registration of a franchisee or franchisor if the franchisee or franchisor complies with this chapter and rules made by the department under this chapter.

    (3)  A franchisee or franchisor registered under this section shall comply with this chapter and any rules made by the department under this chapter including any amendments to this chapter or the rules made after a franchisee or franchisor enter into a franchise agreement.

    (4)  The fee imposed under Subsection (1)(b) shall be collected by the department and deposited into the Commerce Service Account created by Section 13-1-2.

    (5)  Notwithstanding Subsection (1), an agent, officer, or field or area representative of a franchisor does not need to be registered under this section if the franchisor is registered under this section.

    Amended by Chapter 278, 2010 General Session

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