Form DBO-310.106 "Notice of a Transaction Exempt Under Corporations Code Section 31106" - California

What Is Form DBO-310.106?

This is a legal form that was released by the California Department of Financial Protection and Innovation - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on October 1, 2017;
  • The latest edition provided by the California Department of Financial Protection and Innovation;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form DBO-310.106 by clicking the link below or browse more documents and templates provided by the California Department of Financial Protection and Innovation.

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Download Form DBO-310.106 "Notice of a Transaction Exempt Under Corporations Code Section 31106" - California

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STATE OF CALIFORNIA – DEPARTMENT OF BUSINESS OVERSIGHT
NOTICE OF A TRANSACTION EXEMPT UNDER CORPORATIONS
CODE SECTION 31106
DBO-310.106 (Rev. 10-17)
Department Use Only ___________________
Department of Business of Oversight
Fee paid (per Corporations Code
File No. ________________________
Section 31500(f)): $ _____________________
(Insert file number(s) of prior filings with the
Receipt No. Department, if any)
Receipt No. ___________________________
SEE INSTRUCTIONS
1.
Type of Filing (check one):
Initial Notice
$450 Fee
Subsequent Notice
$150 Fee
2.
(a)
Name of FILER: ________________________________________________________
(b)
Principal business address of FILER: _______________________________________
(c)
The FILER is filing as a (check one):
FRANCHISOR
SUBFRANCHISOR
(d) If FILER is a SUBFRANCHISOR, the name and principal business address of the
FRANCHISOR: ________________________________________________________
(e)
Name(s) under which FRANCHISOR does business:
_________________________________________________________________________
3.
Name and address of agent in California authorized to receive service of process:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
4.
The following subdivision paragraph under Corporations Code Section 31106 applies to this
transaction (check one):
(a)(1)
(a)(2)
(a)(3)
5.
Franchise sold:
(a) Name of franchise or subfranchise:__________________________________________
(b) Description of franchised business:__________________________________________
(c) Type of franchise (check one):
Franchise
Subfranchise
(d) Name of all persons to whom the franchise was sold: ___________________________
(e) Date of sale: ___________________________________________________________
STATE OF CALIFORNIA – DEPARTMENT OF BUSINESS OVERSIGHT
NOTICE OF A TRANSACTION EXEMPT UNDER CORPORATIONS
CODE SECTION 31106
DBO-310.106 (Rev. 10-17)
Department Use Only ___________________
Department of Business of Oversight
Fee paid (per Corporations Code
File No. ________________________
Section 31500(f)): $ _____________________
(Insert file number(s) of prior filings with the
Receipt No. Department, if any)
Receipt No. ___________________________
SEE INSTRUCTIONS
1.
Type of Filing (check one):
Initial Notice
$450 Fee
Subsequent Notice
$150 Fee
2.
(a)
Name of FILER: ________________________________________________________
(b)
Principal business address of FILER: _______________________________________
(c)
The FILER is filing as a (check one):
FRANCHISOR
SUBFRANCHISOR
(d) If FILER is a SUBFRANCHISOR, the name and principal business address of the
FRANCHISOR: ________________________________________________________
(e)
Name(s) under which FRANCHISOR does business:
_________________________________________________________________________
3.
Name and address of agent in California authorized to receive service of process:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
4.
The following subdivision paragraph under Corporations Code Section 31106 applies to this
transaction (check one):
(a)(1)
(a)(2)
(a)(3)
5.
Franchise sold:
(a) Name of franchise or subfranchise:__________________________________________
(b) Description of franchised business:__________________________________________
(c) Type of franchise (check one):
Franchise
Subfranchise
(d) Name of all persons to whom the franchise was sold: ___________________________
(e) Date of sale: ___________________________________________________________
STATE OF CALIFORNIA – DEPARTMENT OF BUSINESS OVERSIGHT
NOTICE OF A TRANSACTION EXEMPT UNDER CORPORATIONS
CODE SECTION 31106
DBO-310.106 (Rev. 10-17) Page 2 of 4
6.
Name, title, telephone number and business address of individual to be contacted by the
Department regarding this notice:
Name: ____________________________________________________________________
Title: ______________________________________________________________________
Business Address: ___________________________________________________________
Telephone:
____________________________________________________________
7.
Date of this notice:_____________
___________________________
________________________
Name of Filer
Authorized Signature
_________________________
Printed Name of Signatory
STATE OF CALIFORNIA – DEPARTMENT OF BUSINESS OVERSIGHT
NOTICE OF A TRANSACTION EXEMPT UNDER CORPORATIONS
CODE SECTION 31106
DBO-310.106 (Rev. 10-17) Page 3 of 4
Instructions for Completing and Filing Notice of Exemption
(Sectional and Chapter references are to the California Corporations Code)
1.
General Instructions.
(a)
The filing of this notice means that the FILER is claiming an exemption from Chapter 2
(commencing with Section 31110) regarding any offer, sale, or other transfer of a franchise
or any interest in a franchise, and that the offer, sale or transfer meets the requirements for
filing this notice as described in (b) and (c) below. A separate notice must be filed for each
transaction for which this exemption is claimed, together with the fee prescribed in Section
31500(f).
(b)
The condition for filing this notice is one of the following:
(1)
One or more of the owners of the prospective franchisee owning at least a 50
percent interest in the prospective franchisee meet both of the following:
(A)
The owner or owners have had, within the seven years before the date of the sale or
other transaction, at least 24 months experience being responsible for the financial and
operational aspects of a business offering products or services substantially similar to
those offered by the franchised business; and
(B)
The owner or owners are not controlled by the franchisor.
(2)
One or more of the owners of the prospective franchisee owning at least a 50
percent interest in the prospective franchisee meet both of the following:
(A)
The owner or owners are, or have been within 60 days prior to the sale or other
transaction, an officer, director, managing agent, or an owner of at least a 25 percent
interest in the franchisor for at least 24 months; and
(B)
The owner or owners are not controlled by the franchisor.
(3)
The offer, sale, or other transfer is of an additional franchise to an existing franchisee
of the franchisor, or to an entity, one or more of the officers, directors, managing agents or
owners of at least a 25 percent interest of which is an existing franchisee of the franchisor;
provided that, in either case, for 24 months or more the franchisee, or the qualifying person,
has been engaged in a business offering products or services substantially similar to those to
be offered by the franchise being sold, or otherwise transferred.
(c)
This notice must be filed, together with the fee prescribed in Section 31500(f), within 15
calendar days after the sale of the franchise.
(d)
If the notice is filed by a subfranchisor (Section 31009), the notice is applicable only to sales
by the subfranchisor filing the notice.
(e)
No documents need be filed with the notice.
STATE OF CALIFORNIA – DEPARTMENT OF BUSINESS OVERSIGHT
NOTICE OF A TRANSACTION EXEMPT UNDER CORPORATIONS
CODE SECTION 31106
DBO-310.106 (Rev. 10-17) Page 4 of 4
(f)
If the notice form cannot be obtained from the Department, it may be typed on a single sheet
of 8-1/2 inch by 11 inch white bond paper, using one side only. If the space in the form is
insufficient for one or more items, attach a single continuation sheet, designating the
continued information by item number.
(g)
Amendments. An amendment should be filed only for material changes in the information
contained in the notice. There is no fee for an amendment.
2.
Instructions for Completing Form.
Heading:
A.
Department file number. Insert the file number(s) assigned to the filing franchisor or
subfranchisor in any prior filings with the Department under the Franchise Investment Law.
Item 1. Type of filing. Check the box as appropriate to indicate whether the filing is an initial filing
or subsequent notice.
Item 2. The information provided in parts (a), (b) and (c) relate to the company filing the notice (i.e.,
the "filer") which may be the franchisor or a subfranchisor. If a subfranchisor files the notice, part (d)
must be completed to give the name and business address of the franchisor. Part (e) must state the
names associated with the franchisor's business.
Item 3. If the notice is filed by a subfranchisor, the agent(s) for service of process of both the
franchisor and subfranchisor must be furnished.
Item 4. Check the box that applies to indicate the condition in Section 31106 that is claimed as
the basis for the exemption.
Item 5. Specify the name or title given the franchise agreement. Briefly describe the franchised
business (e.g. "restaurant," "retail sales of bicycles"). Check the box to specify whether the franchise
is one to conduct the franchised business (Corp. Code Section 31010) or a subfranchise (Corp.
Code Section 31008.5). Give the names of all the purchasers of the franchise or subfranchise.
State the date of when the sale was consummated.
Item 6. Give the name, title, business address and telephone number of the individual the
Department may contact in connection with the notice.
Item 7. The notice shall be signed on behalf of the filing franchisor or subfranchisor by a person
authorized to do so.
3.
Instructions for Filing the Notice.
The notice must be filed and the fee paid within 15 calendar days after the sale of the franchise.
The notice may be filed, and the fee may be paid, by mail or delivery to any office of the
Department of Business Oversight. The notice is effective when received with the fee (Section
31106(b)).
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