1. (a) General. The offer or sale of a franchise on terms different from the terms of the offer registered under Section 31111, 31121 or 31123 of the Law is exempt from the requirements of Section 31110 of the Law, if all of the following conditions are met:

   1. (1) The initial offer is the offer registered under to Section 31111, 31121 or 31123 of the Law.
   2. (2) When the prospective franchisee receives the offering circular, he or she also receives copies of all Notices of Negotiated Sale of Franchise filed with the Commissioner within the last 12 months, if any.
   3. (3) Before selling another franchise, the franchisor amends its registered offer to disclose: “The terms of Item(s) __________ of this Offering Circular have been negotiated with other franchisees. A copy of all Negotiated Sales Notices filed in California in the last twelve months is attached as Exhibit __________.” This disclosure should be made in the UFOC Item that was negotiated or in an appendix to the UFOC. This disclosure must be made if the negotiated sale occurred within twelve months of the offering being made. An amendment making only this disclosure is effective when filed.
   4. (4) The Notice of Negotiated Sale of Franchise in the form set forth in subsection (b) is filed with the Commissioner within 15 business days after the negotiated sale is consummated.
   5. (5) The franchisor certifies or declares in an appendix to its application for renewal that all notices have been filed with the Commissioner as required by paragraph (a)(4) (see Section 310.122 of these rules).

2. (b) The Notice of Negotiated Sale of Franchise required by subsection (a)(4) of this rule shall be filed on the following form:

   Department of Business Oversight

   File No. __________

   (Insert file number of currently effective franchise registration)

   STATE OF CALIFORNIA DEPARTMENT OF BUSINESS OVERSIGHT FRANCHISE INVESTMENT LAW NOTICE OF NEGOTIATED SALE OF FRANCHISE UNDER SECTION 310.100.2, TITLE 10, CALIFORNIA CODE OF REGULATIONS

3. 1. (a) Name of FILER:

   1. (b) The above-named filer is filing as a (check one):

      ( ) FRANCHISOR

      ( ) SUBFRANCHISOR

4. (c) If FILER is a SUBFRANCHISOR, the name of FRANCHISOR:
5. 2. (a) Name of FRANCHISEE:
6. (b) Contact Person:
7. (c) Address:
8. (d) Telephone: ( )
9. 3. A. (a) Offering Circular Item Number:
10. (b) Description of Provisions in Currently Registered Offering Circular:
11. (c) Description of Change:
12. B. (a) Offering Circular Item Number:
13. (b) Description of Provisions in Currently Registered Offering Circular:
14. (c) Description of Change:
15. C. (a) Offering Circular Item Number:
16. (b) Description of Provisions in Currently Registered Offering Circular:

17. (c) Description of Change:

    (If additional space is needed, attach separate sheet(s) with respect to each additional item being changed using the above format)

18. 4. Date of Sale of Negotiated Franchise:

19. 5. Name, title, business address and telephone number of individual to be contacted by the Department regarding this notice:

    Name:

    Title:

    Business Address:

    Telephone: ( )

20. 6. Date of this notice:

    ___________________________________

    Authorized Signature

    ___________________________________

    Printed Name of Signatory

Note: Authority cited: Sections 31100 and 31502, Corporations Code. Reference: Sections 31100, 31110 and 31111, Corporations Code.

History

1. New section filed 8-17-89; operative 9-16-89 (Register 89, No. 33).

2. Editorial correction of printing error in form (Register 94, No. 2).

3. Amendment filed 1-20-94; operative 2-21-94 (Register 94, No. 3).

4. Change without regulatory effect amending form within subsection (b) filed 8-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 33).