Md. Code Regs. 02.02.08.07

Current through Register Vol. 51, No. 22, November 1, 2024

Section 02.02.08.07 - Renewal of Registration

A. Time for Submitting Renewal Application.

(1) An application to renew a registration shall be submitted to the Division not less than 15 business days before the end of 1 year from the effective date of the registration.

(2) If a registrant submits an application to renew a registration less than 15 days before the expiration of the prior year's registration, but before the expiration of the prior year's registration, the Commissioner may consider the application as an application for renewal registration.

(3) If a registrant submits an application to renew a registration after the expiration of the prior year's registration, the Commissioner shall treat the application as an application for initial registration.

B. Form of Renewal Application. An application to renew a registration shall be in the form set forth in Regulation .04 of this chapter and shall be accompanied by:

(1) Two copies of the registrant's most recent MFOC which meets the requirements of Regulation .04 of this chapter;

(2) Financial statements that satisfy the requirements of Regulation .13 of this chapter; and

(3) Payment for the renewal fee required by the Maryland Franchise Law, Business Regulation Article, §14-219, Annotated Code of Maryland.

C. Completion of Filing.

(1) During an examination of an application to renew a registration, the Commissioner may require the applicant to modify the application or to submit additional information to remedy deficiencies in the application. The Commissioner may require the applicant to make such other disclosures as the Commissioner considers necessary or appropriate in the public interest or for the protection of prospective franchisees.

(2) A request by the Commissioner for modifications, additional information, or other disclosures may be communicated in any form to the applicant, or to the person submitting the application on behalf of the applicant, within 15 business days after receipt of the application.

(3) An application for renewal registration is considered filed for purposes of the Maryland Franchise Law, Business Regulation Article, §14-219(b)(1), Annotated Code of Maryland, only when the application fee required by the Maryland Franchise Law, Business Regulation Article, §14-219(b)(1)(iii), Annotated Code of Maryland, and all modifications, information, and disclosures reasonably required by the Commissioner have been received by the Division.

D. Date of Effectiveness.

(1) If no stop order or other order blocking effectiveness of the renewal is in effect, a renewal registration that was timely filed becomes effective at 12 noon of the day on which the prior registration expires, or at such earlier time as the Commissioner may determine.

(2) If a renewal registration application is submitted less than 15 days before the expiration of the prior registration, and the Commissioner elects to treat it as a renewal registration application under §A(2) of this regulation, the Commissioner shall notify the applicant of the date upon which the renewal registration becomes effective.

E. Extension of Current Registration. If a previous registration is about to expire and a renewal registration application is not yet considered filed, the Commissioner may extend the effective period of a registration subject to such conditions as the Commissioner may prescribe for the protection of prospective franchisees.

F. Abandonment of Renewal Application. If an applicant fails to provide information requested by the Commissioner or otherwise neglects to pursue an application for renewal registration in a diligent manner, the Commissioner shall consider the application abandoned 6 months after the date of the last written communication from the applicant or any person on behalf of the applicant. An applicant who wishes to revive an abandoned application for renewal registration shall submit an initial application for registration, together with the application fee required by the Maryland Franchise Law, Business Regulation Article, §14-215, Annotated Code of Maryland, for an initial registration.

Md. Code Regs. 02.02.08.07

Regulations .07 adopted as an emergency provision effective December 2, 1977 (4:26 Md. R. 2005); emergency status extended at 5:8 Md. R. 587
Regulations .07 adopted effective May 5, 1978 (5:9 Md. R. 683) (Recodified from COMAR 02.02.04 to 02.02.10)
Regulations .07 recodified and amended effective May 19, 1986 (13:10 Md. R. 1154)
Regulations ______ .07 under COMAR 02.02.10 repealed effective January 17, 1994 (21:1 Md. R. 27)
Regulations .07 adopted effective January 17, 1994 (21:1 Md. R. 27)