BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1782


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          Date of Hearing:  April 6, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1782 (Maienschein) - As Amended March 10, 2016


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          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


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            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


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          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