(1) Each
person that sells a franchise that is registered or required to be registered
pursuant to RCW 19.100.-020 shall ensure that the Franchise Disclosure Document
and other required documents are delivered to each offeree in accordance with
RCW
19.100.080 and shall obtain a signed receipt
therefore in the form prescribed by the director.
(2) A franchisor may deliver a Franchise
Disclosure Document over the internet or by other electronic means, or in
machine-readable media, provided:
(a) The
Franchise Disclosure Document:
(i) Is
delivered as a single, integrated document or file;
(ii) Has no extraneous content beyond what is
required or permitted by law and by the 2008 Franchise Registration and
Disclosure Guidelines promulgated by NASAA, but which may include
customary devices for manipulating electronic documents in machine readable
form and tools, or access to tools, that may be necessary or convenient to
enable the recipient to receive and view the Franchise Disclosure
Document;
(iii) Has no links to or
from external documents or content;
(iv) Is delivered in a form that
intrinsically enables the recipient to store, retrieve, and print the Franchise
Disclosure Document; and
(v)
Conforms as to its content and format to the requirements of law.
(b) The franchisor:
(i) Can prove that it delivered the Franchise
Disclosure Document electronically in compliance with this section, and that it
did so at or before the time required by law; and
(ii) Keeps records of its electronic delivery
of Franchise Disclosure Documents and makes those records available on demand
by the administrator.
(3) "Delivery" requires that the Franchise
Disclosure Document be conveyed to and received by the prospective franchisee,
or that the storage media in which the Franchise Disclosure Document is stored
be physically delivered to the prospective franchisee in accordance with
subsection (2)(a) of this section.
(4) This section does not change or waive any
other requirement of law concerning registration or presale disclosure of
franchise offerings.
Notes
Wash. Admin. Code §
460-80-300
Amended by
WSR
15-10-011, Filed 4/23/2015, effective
5/24/2015
Statutory Authority:
Chapter
19.100 RCW,
RCW
19.100.250,
19.100.010,
19.100.030,
19.100.040,
19.100.050,
19.100.070,
19.100.080,
19.100.100, and
19.100.110. 09-22-050, §
460-80-300, filed 10/29/09,
effective 11/29/09. Statutory Authority:
RCW
19.100.250. 80-04-036 (Order SDO-38-80),
§
460-80-300, filed 3/19/80; Order
11, §
460-80-300, filed
3/3/72.