N.Y. Comp. Codes R. & Regs. tit. 13 § 200.1

Current through Register Vol. 46, No. 22, May 29, 2024

Section 200.1 - Definitions

(a) A franchise fee includes but is not limited to, payments that are made before, upon, or after execution of an agreement to purchase, process, resell, or otherwise distribute a manufacturer's, a distributor's or a licensor's goods, services, equipment, inventory or real estate. The word payment, includes those made in the form of a lump sum, installments, periodic royalties, profits, cash flow, or those reflected in the price of goods, services, equipment, inventory or real estate sold or leased by the manufacturer or licensor to the distributor or licensee respectively.

(b) A marketing plan is advice or training, provided to the franchisee by the franchisor or a person recommended by the franchisor, pertaining to the sale of any product, equipment supplies or services and the advice or training includes, but is not limited to, preparing or providing:

(1) promotional literature, brochures, pamphlets, or advertising materials;

(2) training regarding the promotion, operation or management of the franchise; or

(3) operational, managerial, technical or financial guidelines or assistance.

(c) A predecessor of a franchisor, is a person from whom the franchisor has acquired directly or indirectly the major portion of his assets.

(d) A principal shall mean and include every person directly or indirectly controlling any franchisor or franchise sales agent.

N.Y. Comp. Codes R. & Regs. Tit. 13 § 200.1

Amended New York State Register July 3, 2018/Volume XL, Issue 27, eff. 7/3/2018