Section § 31500

Explanation

This section lays out the various fees related to franchise regulation in California. The commissioner is responsible for collecting these fees and directing them to the Financial Protection Fund. It lists specific amounts for different applications, including registrations, renewals, amendments, and notices related to franchises and franchise brokers. For instance, registering an offer of franchises costs $1,865, while renewing such a registration costs $1,245. Amendments to these applications are $50, and fees for notices of exemption range from $415 to $1,245. There are also fees for filing applications for approval of violations and for registering as a franchise broker.

(a)CA Corporations Code § 31500(a) The commissioner shall charge and collect the fees fixed by this section. All fees and charges collected under this section shall be transmitted to the Treasurer at least weekly, accompanied by a detailed statement thereof and shall be credited to the Financial Protection Fund.
(b)CA Corporations Code § 31500(b) The fee for filing an application for registration of the offer of franchises under Section 31111 is one thousand eight hundred sixty-five dollars ($1,865).
(c)CA Corporations Code § 31500(c) The fee for filing an application for renewal of a registration under Section 31121 is one thousand two hundred forty-five dollars ($1,245).
(d)CA Corporations Code § 31500(d) The fee for filing an amendment to the application filed under Section 31111 or 31121 after the effective date of the registration of the offer of franchises, is fifty dollars ($50).
(e)CA Corporations Code § 31500(e) The fee for filing an application for material modification under Section 31125 is fifty dollars ($50), whether or not it accompanies an application under Section 31111 or 31121.
(f)CA Corporations Code § 31500(f) The fee for filing the initial notice of exemption under Section 31101 is one thousand two hundred forty-five dollars ($1,245) and the fee for filing each consecutive subsequent notice of exemption under these provisions is four hundred fifteen dollars ($415).
(g)CA Corporations Code § 31500(g) The fee for filing an application for approval of a written notice of violation under Section 31303 or 31304 is one thousand eight hundred sixty-five dollars ($1,865).
(h)CA Corporations Code § 31500(h) The fee for filing an application for registration as a franchise broker under Part 7 (commencing with Section 31520) is four hundred fifty dollars ($450).
(i)CA Corporations Code § 31500(i) The fee for filing an application for amendment of a registration as a franchise broker under Part 7 (commencing with Section 31520) is fifty dollars ($50).

Section § 31501

Explanation

In California, if you're not happy with a final decision or action made by the commissioner, you can have it reviewed by a court.

Every final order, decision, license, or other official act of the commissioner is subject to judicial review in accordance with law.

Section § 31502

Explanation

The commissioner has the authority to create, change, or cancel rules, forms, and orders to ensure this law works properly. This includes managing applications and reports, and explaining terms as long as they don't contradict the law itself.

The commissioner may from time to time make, amend and rescind such rules, forms, and orders as are necessary to carry out the provisions of this law, including rules and forms governing applications and reports, and defining any terms, whether or not used in this law, insofar as the definitions are not inconsistent with the provisions of this law.

Section § 31503

Explanation

The commissioner must follow specific government procedures when making, changing, or cancelling rules, except for rules that only affect the department's internal workings.

All rules of the commissioner, other than those relating solely to the internal administration of the Department of Financial Protection and Innovation, shall be made, amended, or rescinded in accordance with the provisions of Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 31504

Explanation

This section pertains to the handling and disclosure of documents filed with the commissioner related to corporate law. Generally, these documents are open for public inspection unless the commissioner decides keeping them private is in the public's or investors' best interest. The commissioner can share or publish any filed information if it benefits the public. However, internal sharing is restricted to the commissioner's staff or relevant investigations or regulatory bodies. It is illegal for the commissioner or their staff to use non-public information for personal gain. Additionally, existing legal privileges concerning evidence remain unaffected.

(a)CA Corporations Code § 31504(a) All applications, reports and other papers and documents filed with the commissioner under this law shall be open to public inspection, except that the commissioner may, in his discretion, withhold from public inspection any information the disclosure of which is, in the judgment of the commissioner, not necessary in the public interest or for the protection of investors. The commissioner may publish any information filed with him or obtained by him, if, in the judgment of the commissioner, such action is in the public interest. No provision of this law authorizes the commissioner or any of his assistants, clerks, or deputies to disclose any information withheld from public inspection except among themselves or when necessary or appropriate in a proceeding or investigation under this law or to other federal or state regulatory agencies. No provision of this law either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the commissioner or any of his assistants, clerks, or deputies.
(b)CA Corporations Code § 31504(b) It is unlawful for the commissioner or any of his assistants, clerks, or deputies to use for personal benefit any information which is filed with or obtained by the commissioner and which is not then generally available to the public.

Section § 31505

Explanation

If you need a copy of a public document from the commissioner, they can provide you with one for a reasonable fee. However, public officials don’t have to pay for copies they need for their official duties. If you ever need to use one of these certified copies in court, it can serve as initial proof of what's in the document.

Upon request and at such reasonable charges as he prescribes by rule, the commissioner shall furnish to any person photostatic or other copies (certified under his seal of office if requested) of any document which is retained as a matter of public record, except that he shall not charge or collect any fee for photostatic or other copies of any document furnished to public officers for use in their official capacity. In any judicial proceeding or prosecution, any copy so certified is prima facie evidence of the contents of the document certified.

Section § 31506

Explanation

This law allows the commissioner to destroy certain old records and files if they are more than four years old and not needed anymore, as long as the Department of General Services agrees. However, any records of disciplinary actions must be kept permanently. If the commissioner wants, they can keep copies of the destroyed records on microfilm or other forms, and these copies will be considered just as valid as the original documents when properly certified.

(a)CA Corporations Code § 31506(a) The commissioner may destroy any applications or orders, together with the files and folders, as useless or obsolete, four years after the date of filing or issuance, with the approval of the Department of General Services; provided that a permanent record shall be maintained of any disciplinary action taken by the commissioner.
(b)CA Corporations Code § 31506(b) Copies on microfilm or in other form which may be retained by the commissioner in his discretion of any records destroyed under this section shall be accepted for all purposes as equivalent to the original when certified by the commissioner.