21 Va. Admin. Code § 5-110-40

Current through Register Vol. 41, No. 6, November 4, 2024

Section 21VAC5-110-40 - Pre-effective and post-effective amendments to the registration

A. Within 30 days after the occurrence of a material change, the franchisor shall amend the effective registration filed at the commission. An amendment to an application filed either before or after the effective date of registration may include only the pages containing the information being amended if pagination is not disturbed. The amended pages must be black-lined to show all additions, deletions, and other changes from the franchisor's previous submission. The franchisor may not use margin balloons or color highlights to show changes.

B. An application to amend a franchise registration is made by submitting the following completed forms and other material:

1. Uniform Franchise Registration Application page, Form A;

2. One complete clean copy of the amended Franchise Disclosure Document;

3. One complete copy of the amended Franchise Disclosure Document black-lined to show all additions, deletions, and other changes; and

4. Application fee (payable to the "Treasurer of Virginia"). The fee shall accompany all post-effective amendments unless submitted in connection with an application for renewal.

C. An application to amend a registration shall contain:

1. One copy of a complete franchise amendment application, including the amended Franchise Disclosure Document, on paper;

2. One copy of a complete franchise amendment application, including the amended Franchise Disclosure Document, on a CD-ROM in PDF format or on other electronic media approved by the Division of Securities and Retail Franchising; and

3. A cover letter containing a representation that all of the information contained in the electronic file is identical to the paper documents.

D. If the commission's review of the application results in any revision to the documents submitted, the franchisor shall file a complete clean copy of the revised Franchise Disclosure Document and any other revised documents, and a black-lined copy of all revised pages, unless the commission directs otherwise. In addition to filing the complete clean Franchise Disclosure Document and black-lined pages on paper, a franchisor shall include copies on a CD-ROM in PDF format or on other electronic media approved by the Division of Securities and Retail Franchising. The revised electronic file shall be accompanied by a transmittal letter as described in subdivision C 3 of this section.

E. The electronic version of the Franchise Disclosure Document shall be text searchable.

F. The certifications made by or on behalf of the franchisor in Form A shall extend and apply to all documents and materials filed in connection with the amendment application, including any documents or materials submitted to the commission subsequent to the initial filing that may be required to complete the amendment application.

21 Va. Admin. Code § 5-110-40

Derived from Case No. SEC950020 § 4, eff. July 1, 1995; amended, Virginia Register Volume 15, Issue 22, eff. July 1, 1999; Volume 24, Issue 21, eff. July 1, 2008; Volume 25 Issue 22, eff. July 1, 2009; Volume 29, Issue 14, eff. March 1, 2013.

Statutory Authority

§§ 12.1-13 and 13.1-572 of the Code of Virginia.