BILL ANALYSIS Ó AB 1782 Page 1 Date of Hearing: April 6, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1782 (Maienschein) - As Amended March 10, 2016 ----------------------------------------------------------------- |Policy |Judiciary |Vote:|8 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill authorizes a company that has not registered with the Department of Business Oversight (DBO) to sell franchises to nevertheless exhibit at a franchise trade show in California, as long as the company complies with the following: 1)Notifies the DBO commissioner of its intent to attend and display at least 14 days prior to the trade show, by AB 1782 Page 2 submitting a form established by the commissioner and containing specified information about the company. 2)Post in public view at the trade show a notice that the company is not offering and is not legally able to offer a franchise for sale in California. FISCAL EFFECT: Minor absorbable costs to the DBO. COMMENTS: Background and Purpose. The California Franchise Investment Law (CFIL) generally prohibits the sale of a franchise in California unless prior to the sale the franchisor has, among other things, prepared a franchise disclosure document (FDD) and registered with the Commissioner of the DBO to sell franchises in California. The DBO considers a franchisor's exhibit at a trade show to be an illegal offer of a franchise, whether or not a sale occurs, if the franchisor has not first registered their offering with the DBO pursuant to the CFIL. The ability to exhibit a booth at a franchise trade show thus requires a prospective franchisor to comply with the full CFIL process for registering a franchise--even if the company does not yet plan to offer or sell franchises in California. The author contends that because of the cost and complexity of the registration process, this requirement unnecessarily discourages some potential franchisors, particularly foreign or out-of-state franchise companies or young startup companies seeking to measure interest in their brands or concepts, from using trade shows to explore the potential for expansion into California. AB 1782 Page 3 This bill, sponsored by the Business Law Section of the State Bar, authorizes prospective franchisees that have not registered with the DBO to nevertheless exhibit at franchise trade shows in California, as long as specified disclosures are made to the DBO and to trade show attendees. Analysis Prepared by:Chuck Nicol / APPR. / (916) 319-2081