1987 Franchise Opinions
The Business Law Section is compiling the complete Interpretive Opinions concerning franchise issues from the State of California Department of Corporations.
Here is the archive for 1987. The archive for this year is complete.
- Opinion No. 87 / 1F - April 2, 1987
Summary: The general partner (a separate entity) may be viewed as a franchisor distinct from the limited partnership (which is the ostensible franchisor) for purposes of the Section 31101(b) exemption. When the general partner was responsible for the management and administration of the partnership, conducted sales activities, prepared and distributed the disclosure materials and executed franchise agreements on behalf of the partnership, and had discretion over franchise operations, it may qualify for the Section 31101 exemption.
Key Words: 31110, 31101, scope of operations test, exemption, 31007, partnership, responsible, ostensib