Utah Code 13-15-201. Required filings — Fees

13-15-201. Required filings — Fees — Rulemaking.

(1)

Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-15-102
Franchise: means the same as that term is defined by Federal Trade Commission rules governing franchise and business opportunity ventures. See Utah Code 13-15-102
Person: means :Utah Code 68-3-12.5
Principal: means as the division determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 13-15-102
Seller: means a person who offers to sell, offers to lease, sells, or leases to another person a business opportunity. See Utah Code 13-15-102
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)	Except as provided in Subsection (2), before a person may act as a seller in the state, the person shall obtain a proof of disclosure receipt from the division.

(b)

To obtain a proof of disclosure receipt from the division, a person shall:

(i)	file with the division a disclosure statement that complies with Section 13-15-202; and

(ii)	pay a filing fee as determined by the division in accordance with Section 63J-1-504.

(c)	A proof of disclosure receipt is valid for one year after the day on which the division issues the receipt.

(d)	To renew a proof of disclosure receipt, a seller shall comply with the provisions of Subsection (1)(b) at least 30 days before the day on which the seller’s current proof of disclosure receipt expires.

(2)

(a)	Before a person offers for sale or sells a franchise to be located in the state or to a resident of the state, the person shall obtain a proof of notice receipt from the division.

(b)

To obtain a proof of notice receipt from the division, a person shall:

(i)

file with the division a notice that states:

(A)	the franchisor is in substantial compliance with the requirements of the Federal Trade Commission rule found at Title 16, Chapter I, Subchapter d, Trade Regulation Rules, Part 436, Disclosure Requirements and Prohibitions Concerning Franchising;

(B)	the name of the applicant;

(C)	the name of the franchise;

(D)	the name under which the applicant intends to transact or transacts business, if different than the name of the franchise;

(E)	the address of the applicant’s principal place of business; and

(F)	the applicant’s state-issued business entity number or other government-issued, publicly available identifying number; and

(ii)	pay a filing fee determined by the division in accordance with Section 63J-1-504, not to exceed $100.

(c)	A seller who does not qualify for a proof notice receipt under this Subsection (2) is subject to Subsection (1).

(d)	A proof of notice receipt is valid for one year after the day on which the division issues the receipt.

(e)	To renew a proof of notice receipt, a person offering for sale or selling a franchise to be located in the state or to a resident of the state, shall comply with the provisions of Subsection (2)(b) at least 30 days before the day on which the person’s current proof of notice receipt expires.

(3)	The division shall deposit all fees collected under this section into the Commerce Service Account created in Section 13-1-2.

(4)	The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the provisions of this section.

Enacted by Chapter 243, 2022 General Session

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