reglab/housing_qa huggingface dataset:
CA Corp Code § 29543 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 5 - Powers of the Commissioner|Section 29543.

29543.  The commissioner may refer the evidence that is available concerning any violation of this law, or of any rule or order under this law, to the Attorney General or the district attorney of the county in which the violation occurred, who may, with or without such a reference, institute appropriate criminal proceedings under this law. The commissioner and the commissioner’s counsel, deputies, or assistants may, upon request of the Attorney General or the district attorney, assist the prosecutor in presenting the law or facts at the trial.(Added by Stats. 1990, Ch. 969, Sec. 2.)
CA Corp Code § 29544 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 5 - Powers of the Commissioner|Section 29544.

29544.  (a) Any person who willfully violates any provision of this law, or who willfully violates any rule or order under this law, shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the commissioner in any court of competent jurisdiction.The penalty collected shall be paid to the State Corporations Fund to be used for the support of this division.(b) As applied to the penalties for acts in violation of this division, the remedies provided by this section and by other sections of this division are not exclusive, and may be sought and employed in any combination to enforce this division.(c) No action shall be maintained to enforce any liability created under subdivision (a) unless brought before the expiration of four years after the act or transaction constituting the violation.(Amended by Stats. 2003, Ch. 876, Sec. 3. Effective January 1, 2004.)
CA Corp Code § 29545 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 5 - Powers of the Commissioner|Section 29545.

29545.  (a) The commissioner may take actions that are authorized by Section 13a-2 of Title 7 of the United States Code (Section 6d of the federal Commodity Exchange Act) as amended before or after the effective date of this section.(b) Nothing in this section shall be construed as a limitation on the powers of the commissioner under this act or any other law administered by the commissioner.(Amended by Stats. 2013, Ch. 335, Sec. 12. (SB 538) Effective January 1, 2014.)
CA Corp Code § 29546 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 5 - Powers of the Commissioner|Section 29546.

29546.  The commissioner in his or her discretion may honor requests from interested parties for interpretive opinions.(Added by Stats. 1990, Ch. 969, Sec. 2.)
CA Corp Code § 29550 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 6 - Crimes and Civil Liability|Section 29550.

29550.  (a) Except as provided in subdivision (b), any person who willfully violates any provision of this law, or who willfully violates any rule or order under this law, shall upon conviction be fined not more than two hundred fifty thousand dollars ($250,000) or imprisoned pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not more than one year, or be punished by both a fine and imprisonment; but no person may be imprisoned for the violation of any rule or order if that person proves that he or she had no knowledge of the rule or order.(b) Any person who willfully violates Section 29536 shall upon conviction be fined not more than two hundred fifty thousand dollars ($250,000), or imprisoned pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years, or be punished by both that fine and imprisonment.(c) One-half of the fines collected under this section shall be paid to the State Corporations Fund to be used for the support of this division. The remainder of the fines collected under this section shall be paid to the state or local agency which brought the criminal prosecution.(Amended by Stats. 2011, Ch. 15, Sec. 52. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
CA Corp Code § 29551 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 6 - Crimes and Civil Liability|Section 29551.

29551.  Nothing in this law limits the power of the state to punish any person for any conduct which constitutes a crime under any other statute.(Added by Stats. 1990, Ch. 969, Sec. 2.)
CA Corp Code § 29552 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 6 - Crimes and Civil Liability|Section 29552.

29552.  Any person who materially assists in any violation of this law, or any rule or order of the commissioner under this law, is jointly and severally liable with any other person liable under this law for the violation.(Added by Stats. 1990, Ch. 969, Sec. 2.)
CA Corp Code § 29553 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 6 - Crimes and Civil Liability|Section 29553.

29553.  No action shall be maintained to enforce any liability under Section 29552 unless brought before the expiration of four years after the act or transaction constituting the violation or within one year after the discovery by the plaintiff of the facts constituting the violation, whichever occurs last.(Added by Stats. 1990, Ch. 969, Sec. 2.)
CA Corp Code § 29554 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 6 - Crimes and Civil Liability|Section 29554.

29554.  Every cause of action under this law survives the death of any person who might have been a plaintiff or defendant.(Added by Stats. 1990, Ch. 969, Sec. 2.)
CA Corp Code § 29555 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 6 - Crimes and Civil Liability|Section 29555.

29555.  Except as explicitly provided in this law, no civil liability in favor of any private party shall arise against any person by implication from, or as a result of, the violation of any provision of this law or any rule or order under this law. Nothing in this law shall limit any liability which may exist by virtue of any other statute or under common law if this law were not in effect.(Added by Stats. 1990, Ch. 969, Sec. 2.)
CA Corp Code § 29560 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 7 - Miscellaneous Provisions|Section 29560.

29560.  No provision of this law imposing any liability applies to any act done or omitted in good faith in conformity with any rule, form, permit, order, or written interpretive opinion of the commissioner, or any written interpretive opinion of the Attorney General, notwithstanding that the rule, form, permit, order, or written interpretive opinion may later be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.(Added by Stats. 1990, Ch. 969, Sec. 2.)
CA Corp Code § 29561 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 7 - Miscellaneous Provisions|Section 29561.

29561.  The commissioner may from time to time make, amend, and rescind the rules, forms, and orders that are necessary to carry out this law, and define any terms, whether or not used in this law, insofar as the definitions are not inconsistent with this law. For the purpose of rules, the commissioner may classify commodities, commodity contracts, commodity options, and persons within the commissioner’s jurisdiction and may prescribe different requirements for different classes. The commissioner may, in the commissioner’s discretion, waive any requirement of any rule or form in situations where in his or her opinion the requirement is not necessary in the public interest.(Added by Stats. 1990, Ch. 969, Sec. 2.)
CA Corp Code § 29562 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 7 - Miscellaneous Provisions|Section 29562.

29562.  In any proceeding under this law, the burden of proving an exemption or an exception from a definition is upon the person claiming it.(Added by Stats. 1990, Ch. 969, Sec. 2.)
CA Corp Code § 29563 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 7 - Miscellaneous Provisions|Section 29563.

29563.  Every final order, decision, certificate, registration, or other official act of the commissioner is subject to judicial review in accordance with law.(Added by Stats. 1990, Ch. 969, Sec. 2.)
CA Corp Code § 29564 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 7 - Miscellaneous Provisions|Section 29564.

29564.  Nothing in this law, shall impair, derogate, or otherwise affect the authority or powers of the commissioner under the Corporate Securities Law of 1968 (Part 3 (commencing with Section 25000)) or the application of any provision thereof to any person or transaction subject thereto.(Added by Stats. 1990, Ch. 969, Sec. 2.)
CA Corp Code § 29565 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 7 - Miscellaneous Provisions|Section 29565.

29565.  If any provision of this law or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this law which can be given effect without the invalid provision or application, and to this end this law is declared to be severable.(Added by Stats. 1990, Ch. 969, Sec. 2.)
CA Corp Code § 29566 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 7 - Miscellaneous Provisions|Section 29566.

29566.  Neither the commissioner nor any employee of the commissioner shall use any information which is filed with or obtained by the commissioner which is not public information for personal gain or benefit, nor shall the commissioner nor any employee of the commissioner engage in any securities or commodity transaction based on that information, even though public, if there has not been a sufficient period of time for the securities or commodity markets to assimilate that information.(Added by Stats. 1990, Ch. 969, Sec. 2.)
CA Corp Code § 29567 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 4.5 - COMMODITIES|CHAPTER 7 - Miscellaneous Provisions|Section 29567.

29567.  (a) The program established by this division shall be supported from funds appropriated by the Legislature from the State Corporations Fund.(b) The funds appropriated from the State Corporations Fund and made available for expenditure under subdivision (a) of this section shall come from securities application filing fees collected under subdivisions (e), (f), (h), and (i) of Section 25608 of the Corporations Code.(Added by Stats. 1996, Ch. 466, Sec. 3. Effective January 1, 1997.)
CA Corp Code § 31000 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 1 - DEFINITIONS|Section 31000.

31000.  This division may be known as the “Franchise Investment Law.” References in this division to “this law” refer to the applicable provisions of this division.(Added by Stats. 1970, Ch. 1400.)
CA Corp Code § 31001 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 1 - DEFINITIONS|Section 31001.

31001.  The Legislature hereby finds and declares that the widespread sale of franchises is a relatively new form of business which has created numerous problems both from an investment and a business point of view in the State of California. Prior to the enactment of this division, the sale of franchises was regulated only to the limited extent to which the Corporate Securities Law of 1968 applied to those transactions. California franchisees have suffered substantial losses where the franchisor or his or her representative has not provided full and complete information regarding the franchisor-franchisee relationship, the details of the contract between franchisor and franchisee, and the prior business experience of the franchisor.It is the intent of this law to provide each prospective franchisee with the information necessary to make an intelligent decision regarding franchises being offered. Further, it is the intent of this law to prohibit the sale of franchises where the sale would lead to fraud or a likelihood that the franchisor’s promises would not be fulfilled, and to protect the franchisor and franchisee by providing a better understanding of the relationship between the franchisor and franchisee with regard to their business relationship.(Amended by Stats. 2004, Ch. 458, Sec. 1. Effective September 10, 2004. Operative January 1, 2005, by Sec. 19 of Ch. 458.)
CA Corp Code § 31001.1 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 1 - DEFINITIONS|Section 31001.1.

31001.1.  (a) To enhance the uniform and efficient administration, and the effective enforcement, of this division, it is the intent of the Legislature that the commissioner shall maintain a risk-based process of reviewing franchise applications as described in this section.(b) Under the risk-based review process, the commissioner shall focus on reviewing application information posing the most risk to prospective franchisees in accordance with Section 31115, with emphasis on risks associated with the franchisor’s financial condition, the franchisor’s compliance record, and significant deficiencies with the franchisor’s application.(c) When reviewing franchise filings under this section, the commissioner shall concentrate on helping to prevent misappropriation, mismanagement, and misrepresentation in connection with the offer or sale of any franchise subject to this division.(d) The commissioner shall consider guidelines, or other information developed by the North American Securities Administrators Association that are in effect, to assist in the implementation of the risk-based review process. The risk-based review procedures implemented by the commissioner shall be considered internal management criteria and guidelines within the meaning of subdivisions (d) and (e) of Section 11340.9 of the Government Code.(Added by Stats. 2004, Ch. 458, Sec. 2. Effective September 10, 2004. Operative January 1, 2005, by Sec. 19 of Ch. 458.)
CA Corp Code § 31002 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 1 - DEFINITIONS|Section 31002.

31002.  Unless the context otherwise requires, the definitions in this part apply throughout this division.(Added by Stats. 1970, Ch. 1400.)
CA Corp Code § 31003 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 1 - DEFINITIONS|Section 31003.

31003.  “Advertisement” means any written or printed communication or any communication by means of recorded telephone messages or spoken on radio, television, or similar communications media, published in connection with an offer or sale of a franchise.(Added by Stats. 1970, Ch. 1400.)
CA Corp Code § 31003.5 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 1 - DEFINITIONS|Section 31003.5.

31003.5.  “Business days” are all days other than every Saturday, every Sunday, and such other days as are specified or provided for as holidays in the Government Code.(Added by Stats. 1973, Ch. 539.)
CA Corp Code § 31004 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 1 - DEFINITIONS|Section 31004.

31004.  “Commissioner” means the Commissioner of Business Oversight.(Amended by Stats. 2013, Ch. 353, Sec. 45. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
CA Corp Code § 31005.5 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 1 - DEFINITIONS|Section 31005.5.

31005.5.  For the purposes of this division and in respect only to a franchise as defined in subdivision (b) of Section 31005, the following terms shall have the following meanings:(a) “Franchisor” means a refiner or petroleum distributor who authorizes or permits, under a franchise, a petroleum retailer or petroleum distributor to use a trademark in connection with the sale, consignment, or distribution of fuel. (b) “Franchisee” means a petroleum retailer or petroleum distributor who is authorized or permitted, under a franchise, to use a trademark in connection with the sale, consignment, or distribution of fuel.(c) “Refiner” means any person engaged in the refining of crude oil to produce fuel, and includes any affiliate of such person.(d) “Petroleum distributor” means any person, including any affiliate of such person, who either purchases fuel for sale, consignment, or distribution to another, or receives fuel on consignment for consignment or distribution to his or her own fuel accounts or to accounts of his or her supplier, but shall not include a person who is an employee of, or merely serves as a common carrier providing transportation service for, such supplier.(e) “Petroleum retailer” means any person who purchases fuel for sale to the general public for ultimate consumption.(f) “Marketing premises” means, in the case of any franchise, premises which, under such franchise, are to be employed by the franchisee in connection with the sale, consignment, or distribution of fuel.(g) “Leased marketing premises” means marketing premises owned, leased, or in any way controlled by a franchisor and which the franchisee is authorized or permitted, under the franchise, to employ in connection with the sale, consignment, or distribution of fuel.(h) “Contract” means any oral or written agreement. For supply purposes, delivery levels during the same month of the previous year shall be prima facie evidence of an agreement to deliver such levels.(i) “Trademark” means any trademark, trade name, service mark, or other identifying symbol or name.(j) “Fuel” means gasoline, diesel, gasohol, or aviation fuel.(k) “Affiliate” means any person who, other than by means of a franchise, controls, is controlled by, or is under common control with, any other person.(l) “Petroleum corporation” means any corporation or person owning, managing, or controlling the exploration, production, processing, transportation, or sale of crude or refined petroleum or any petroleum product.(Added by Stats. 1981, Ch. 90, Sec. 11.)
CA Corp Code § 31006 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 1 - DEFINITIONS|Section 31006.

31006.  A “franchisee” is a person to whom a franchise is granted.(Added by Stats. 1970, Ch. 1400.)
CA Corp Code § 31007 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 1 - DEFINITIONS|Section 31007.

31007.  A “franchisor” is a person who grants a franchise.(Added by Stats. 1970, Ch. 1400.)
CA Corp Code § 31008 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 1 - DEFINITIONS|Section 31008.

31008.  “Area franchise” means any franchise between a franchisor and a franchisee whereby the franchisee is granted the right to operate more than one unit within a specified geographical area.(Amended by Stats. 1988, Ch. 562, Sec. 1.)
CA Corp Code § 31008.5 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 1 - DEFINITIONS|Section 31008.5.

31008.5.  “Subfranchise” means any contract or agreement between a franchisor and a subfranchisor whereby the subfranchisor is granted the right, for consideration given in whole or in part for that right, to sell or negotiate the sale of franchises in the name or on behalf of the franchisor. A contract or agreement which is a franchise does not become a subfranchise merely because under its terms a person is granted the right to receive compensation for referrals to a franchisor or subfranchisor or to receive compensation for acting as a sales representative on their behalf.(Added by Stats. 1988, Ch. 562, Sec. 2.)
CA Corp Code § 31009 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 1 - DEFINITIONS|Section 31009.

31009.  A “subfranchisor” is a person to whom a subfranchise is granted.(Amended by Stats. 1988, Ch. 562, Sec. 3.)
CA Corp Code § 31010 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 1 - DEFINITIONS|Section 31010.

31010.  Where used in this law, unless specifically stated otherwise, “franchise” includes “area franchise” and “subfranchise.”(Amended by Stats. 1988, Ch. 562, Sec. 4.)
CA Corp Code § 31011 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 1 - DEFINITIONS|Section 31011.

31011.  “Franchise fee” means any fee or charge that a franchisee or subfranchisor is required to pay or agrees to pay for the right to enter into a business under a franchise agreement, including, but not limited to, any payment for goods and services.However, the following shall not be considered the payment of a franchise fee:(a) The purchase or agreement to purchase goods at a bona fide wholesale price if no obligation is imposed upon the purchaser to purchase or pay for a quantity of the goods in excess of that which a reasonable businessperson normally would purchase by way of a starting inventory or supply or to maintain a going inventory or supply.(b) The payment of a reasonable service charge to the issuer of a credit card by an establishment accepting or honoring that credit card.(c) Amounts paid to a trading stamp company under Chapter 3 (commencing with Section 17750) of Part 3 of Division 7 of the Business and Professions Code by a person issuing trading stamps in connection with the retail sale of merchandise or service.(Amended by Stats. 2002, Ch. 664, Sec. 54. Effective January 1, 2003.)
CA Corp Code § 31012 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 1 - DEFINITIONS|Section 31012.

31012.  “Fraud” and “deceit” are not limited to common law fraud or deceit.(Added by Stats. 1970, Ch. 1400.)