reglab/housing_qa huggingface dataset:
CA Corp Code § 31157 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 2 - REGULATION OF THE SALE OF FRANCHISES|CHAPTER 3 - General Provisions|Section 31157.

31157.  No person shall publish any advertisement concerning any franchise in this state after the commissioner finds that the advertisement contains any statement that is false or misleading or omits to make any statement necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading and so notifies the person in writing. Such notification may be given summarily without notice of hearing. At any time after the issuance of a notification under this section, the person desiring to use the advertisement may in writing request that the order be rescinded. Upon the receipt of such a written request, the matter shall be set down for hearing to commence within 15 business days after such receipt unless the person making the request consents to a later date. After such hearing, which shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the commissioner shall determine whether to affirm and continue or to rescind such order, and the commissioner shall have all the powers granted under such act.(Amended by Stats. 1973, Ch. 539.)
CA Corp Code § 31158 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 2 - REGULATION OF THE SALE OF FRANCHISES|CHAPTER 3 - General Provisions|Section 31158.

31158.  (a) Notwithstanding any other law, the commissioner may by rule or order prescribe circumstances under which to accept electronic records or electronic signatures. This section does not require the commissioner to accept electronic records or electronic signatures.(b) For purposes of this section, the following terms have the following meanings:(1) “Electronic record” means an initial registration application, registration renewal statement, preeffective amendment, posteffective amendment, or material modification and any other record created, generated, sent, communicated, received, or stored by electronic means. “Electronic record” also includes, but is not limited to, all of the following:(A) An application, amendment, supplement, and exhibit, filed for any registration, order, license, consent, or other authority.(B) A financial statement, report, or advertising.(C) An order, license, consent, or other authority.(D) A notice of public hearing, accusation, and statement of issues in connection with any application, registration, order, license, consent, or other authority.(E) A proposed decision of a hearing officer and a decision of the commissioner.(F) The transcripts of a hearing.(G) A release, newsletter, interpretive opinion, determination, or specific ruling.(H) Correspondence between a party and the commissioner directly relating to any document listed in subparagraphs (A) to (G), inclusive.(2) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record.(c) The Legislature finds and declares that the Department of Business Oversight has continuously implemented methods to accept records filed electronically, including broker-dealer and investment adviser applications, and is encouraged to continue to expand its use of electronic filings to the extent feasible, as budget, resources, and equipment are made available to accomplish that goal.(Amended by Stats. 2015, Ch. 303, Sec. 50. (AB 731) Effective January 1, 2016.)
CA Corp Code § 31200 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 3 - FRAUDULENT AND PROHIBITED PRACTICES|CHAPTER 1 - Fraudulent Practices|Section 31200.

31200.  It is unlawful for any person willfully to make any untrue statement of a material fact in any application, notice or report filed with the commissioner under this law, or willfully to omit to state in any such application, notice, or report any material fact which is required to be stated therein, or fail to notify the commissioner of any material change as required by Section 31123.(Added by Stats. 1970, Ch. 1400.)
CA Corp Code § 31201 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 3 - FRAUDULENT AND PROHIBITED PRACTICES|CHAPTER 1 - Fraudulent Practices|Section 31201.

31201.  It is unlawful for any person to offer or sell a franchise in this state by means of any written or oral communication not enumerated in Section 31200 which includes an untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading.(Added by Stats. 1970, Ch. 1400.)
CA Corp Code § 31202 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 3 - FRAUDULENT AND PROHIBITED PRACTICES|CHAPTER 1 - Fraudulent Practices|Section 31202.

31202.  It is unlawful for any person willfully to make any untrue statement of a material fact in any statement required to be disclosed in writing pursuant to Section 31101, or willfully to omit to state in any such statement any material fact which is required to be stated therein.(Added by Stats. 1970, Ch. 1400.)
CA Corp Code § 31203 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 3 - FRAUDULENT AND PROHIBITED PRACTICES|CHAPTER 1 - Fraudulent Practices|Section 31203.

31203.  It is unlawful for any person to violate any order of the commissioner or condition to the effectiveness of the registration of the offer or sale of franchises.(Added by Stats. 1970, Ch. 1400.)
CA Corp Code § 31204 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 3 - FRAUDULENT AND PROHIBITED PRACTICES|CHAPTER 1 - Fraudulent Practices|Section 31204.

31204.  (a) It is unlawful for any person to knowingly alter, destroy, mutilate, conceal, cover up, falsify, or make a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the administration or enforcement of any provision of this division.(b) It is unlawful for any person to knowingly make an untrue statement to the commissioner during the course of licensing, investigation, or examination, with the intent to impede, obstruct, or influence the administration or enforcement of any provision of this division.(Added by Stats. 2007, Ch. 101, Sec. 13. Effective January 1, 2008.)
CA Corp Code § 31210 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 3 - FRAUDULENT AND PROHIBITED PRACTICES|CHAPTER 2 - Prohibited Practices|Section 31210.

31210.  It is unlawful for any person to effect or attempt to effect a sale of a franchise in this state, except in transactions exempted under Chapter 1 (commencing with Section 31100) of Part 2 of this division, unless such person is: (1) identified in an application or amended application filed with the commissioner pursuant to Part 2 (commencing with Section 31100) of this division, (2) licensed by the Bureau of Real Estate as a real estate broker or real estate salesperson, or (3) licensed by the commissioner as a broker-dealer or agent pursuant to the Corporate Securities Law of 1968.(Amended by Stats. 2016, Ch. 177, Sec. 33. (AB 685) Effective January 1, 2017.)
CA Corp Code § 31211 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 3 - FRAUDULENT AND PROHIBITED PRACTICES|CHAPTER 2 - Prohibited Practices|Section 31211.

31211.  If in the opinion of the commissioner any person is acting in violation of Section 31210, the commissioner may order such person to desist and refrain from further activity. If, after such an order has been made, a request for a hearing is filed in writing by the person to whom such order was directed, a hearing shall be held in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the commissioner shall have all of the powers granted thereunder; unless such hearing is commenced within 15 business days after the request is made (or the person affected consents to a later date), such order shall be deemed rescinded.(Amended by Stats. 1973, Ch. 539.)
CA Corp Code § 31220 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 3 - FRAUDULENT AND PROHIBITED PRACTICES|CHAPTER 3 - Unfair Practices|Section 31220.

31220.  It shall be a violation of this division for any franchisor, directly or indirectly, through any officer, agent or employee, to restrict or inhibit the right of franchisees to join a trade association or to prohibit the right of free association among franchisees for any lawful purposes. Notwithstanding Section 31410, a violation of this section shall not constitute a crime.(Added by Stats. 1977, Ch. 510.)
CA Corp Code § 31300 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 4 - ENFORCEMENT|CHAPTER 1 - Civil Liability|Section 31300.

31300.  Any person who offers or sells a franchise in violation of Section 31101, 31110, 31119, 31200, or 31202, or in violation of any provision of this division that provides an exemption from the provisions of Chapter 2 (commencing with Section 31110) of Part 2 or any portions of Part 2, shall be liable to the franchisee or subfranchisor, who may sue for damages caused thereby, and if the violation is willful, the franchisee may also sue for rescission, unless, in the case of a violation of Section 31200 or 31202, the defendant proves that the plaintiff knew the facts concerning the untruth or omission, or that the defendant exercised reasonable care and did not know, or, if he or she had exercised reasonable care, would not have known, of the untruth or omission.(Amended by Stats. 2004, Ch. 458, Sec. 7. Effective September 10, 2004. Operative January 1, 2005, by Sec. 19 of Ch. 458.)
CA Corp Code § 31301 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 4 - ENFORCEMENT|CHAPTER 1 - Civil Liability|Section 31301.

31301.  Any person who violates Section 31201 shall be liable to any person (not knowing or having cause to believe that such statement was false or misleading) who, while relying upon such statement shall have purchased a franchise, for damages, unless the defendant proves that the plaintiff knew the facts concerning the untruth or omission or that the defendant exercised reasonable care and did not know, (or if he had exercised reasonable care would not have known) of the untruth or omission.(Added by Stats. 1970, Ch. 1400.)
CA Corp Code § 31302 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 4 - ENFORCEMENT|CHAPTER 1 - Civil Liability|Section 31302.

31302.  Every person who directly or indirectly controls a person liable under Section 31300 or 31301, every partner in a firm so liable, every principal executive officer or director of a corporation so liable, every person occupying a similar status or performing similar functions, every employee of a person so liable who materially aids in the act or transaction constituting the violation, are also liable jointly and severally with and to the same extent as such person, unless the other person who is so liable had no knowledge of or reasonable grounds to believe in the existence of the facts by reason of which the liability is alleged to exist.(Added by Stats. 1970, Ch. 1400.)
CA Corp Code § 31302.5 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 4 - ENFORCEMENT|CHAPTER 1 - Civil Liability|Section 31302.5.

31302.5.  (a) Any person who violates Section 31220 may be sued in the superior court in the county in which the defendant resides or where a franchise affected by the violation does business, for temporary and permanent injunctive relief and for damages, if any, and the costs of suit, including reasonable attorneys’ fees. A plaintiff shall not be required to allege or prove that actual damages have been suffered in order to obtain injunctive relief.(b) No action shall be maintained to enforce any liability created under Section 31220 unless brought before the expiration of two years after the violation upon which it is based or the expiration of one year after the discovery by the plaintiff of the facts constituting such violation, whichever occurs first.(Added by Stats. 1977, Ch. 510.)
CA Corp Code § 31303 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 4 - ENFORCEMENT|CHAPTER 1 - Civil Liability|Section 31303.

31303.  No action shall be maintained to enforce any liability created under Section 31300 unless brought before the expiration of four years after the act or transaction constituting the violation, the expiration of one year after the discovery by the plaintiff of the fact constituting the violation, or 90 days after delivery to the franchisee of a written notice disclosing any violation of Section 31110 or 31200, which notice shall be approved as to form by the commissioner, whichever shall first expire.(Added by Stats. 1970, Ch. 1400.)
CA Corp Code § 31304 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 4 - ENFORCEMENT|CHAPTER 1 - Civil Liability|Section 31304.

31304.  No action shall be maintained to enforce any liability created under Section 31301 unless brought before the expiration of two years after the violation upon which it is based, expiration of one year after the discovery by the plaintiff of the facts constituting such violation, or 90 days after delivery to the franchisee of a written notice disclosing any violation of Section 31201 or 31202 which notice shall be approved as to form by the commissioner, whichever shall first expire.(Added by Stats. 1970, Ch. 1400.)
CA Corp Code § 31305 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 4 - ENFORCEMENT|CHAPTER 1 - Civil Liability|Section 31305.

31305.  Every cause of action under this chapter survives the death of any person who might have been a plaintiff or defendant.(Added by Stats. 1970, Ch. 1400.)
CA Corp Code § 31306 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 4 - ENFORCEMENT|CHAPTER 1 - Civil Liability|Section 31306.

31306.  Except as explicitly provided in this chapter, 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 hereunder. Nothing in this chapter 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. 1970, Ch. 1400.)
CA Corp Code § 31400 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 4 - ENFORCEMENT|CHAPTER 2 - Powers of the Commissioner|Section 31400.

31400.  (a) Whenever it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this law or any rule or order hereunder, the commissioner may in the commissioner’s discretion bring an action, or the commissioner may request the Attorney General to bring an action in the name of the people of the State of California, in the superior court to enjoin the acts or practices or to enforce compliance with this law or any rule or order hereunder. Upon a proper showing a permanent or preliminary injunction, restraining order or writ of mandate shall be granted and a receiver or conservator may be appointed for the defendant or the defendant’s assets.(b) If the commissioner determines it is in the public interest, the commissioner may include in any action authorized by subdivision (a) a claim for ancillary relief, including, but not limited to, a claim for restitution or disgorgement or damages on behalf of the persons injured by the act or practice constituting the subject matter of the action, and the court shall have jurisdiction to award that additional relief.(Amended by Stats. 1986, Ch. 698, Sec. 5.)
CA Corp Code § 31400.1 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 4 - ENFORCEMENT|CHAPTER 2 - Powers of the Commissioner|Section 31400.1.

31400.1.  In any proceeding under Section 31400, the court may prohibit, conditionally or unconditionally, and permanently or for such period of time as it shall determine, any person who violated Section 31200, 31201, or 31202 from acting as an officer or director of any franchisor if the person’s conduct demonstrates unfitness to serve as an officer or director of the franchisor.(Added by Stats. 2007, Ch. 101, Sec. 14. Effective January 1, 2008.)
CA Corp Code § 31401 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 4 - ENFORCEMENT|CHAPTER 2 - Powers of the Commissioner|Section 31401.

31401.  (a) The commissioner may in his discretion (1) make such public or private investigations within or outside of this state as he deems necessary to determine whether any person has violated or is about to violate any provision of this law or any rule or order hereunder or to aid in the enforcement of this law or in the prescribing of rules and forms hereunder, and (2) publish information concerning the violation of this law or any rule or order hereunder.(b) For the purpose of any investigation or proceeding under this law, the commissioner or any officer designated by him may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the commissioner deems relevant or material to the inquiry.(c) In case of contumacy by, or refusal to obey a subpoena issued to, any person, the superior court, upon application by the commissioner, may issue to the person an order requiring him to appear before the commissioner, or the officer designated by him, there to produce documentary evidence, if so ordered, or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as a contempt.(d) No person is excused from attending and testifying or from producing any document or record before the commissioner, or in obedience to the subpoena of the commissioner or any officer designated by him, or in any proceeding instituted by the commissioner, on the ground that the testimony or evidence (documentary or otherwise) required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after validly claiming his privilege against self-incrimination, to testify or produce evidence (documentary or otherwise), except that the individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying.(Added by Stats. 1970, Ch. 1400.)
CA Corp Code § 31402 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 4 - ENFORCEMENT|CHAPTER 2 - Powers of the Commissioner|Section 31402.

31402.  If, in the opinion of the commissioner, the offer of any franchise is subject to registration under this law and it is being, or it has been, offered for sale without the offer first being registered, the commissioner may order the franchisor or offeror of that franchise to desist and refrain from the further offer or sale of that franchise unless and until the offer has been duly registered under this law. If, after that order has been made, a request for a hearing is filed in writing within 60 days from the date of service of the order by the person to whom the order was directed, a hearing shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the commissioner shall have all of the powers granted under that chapter. Unless that hearing is commenced within 15 business days after the request is made (or the person affected consents to a later date), the order shall be deemed rescinded.If that person fails to file a written request for a hearing within 60 days from the date of service of the order, the order shall be deemed a final order of the commissioner and shall not be subject to review by any court or agency, notwithstanding Section 31501.(Amended by Stats. 2004, Ch. 458, Sec. 8. Effective September 10, 2004. Operative January 1, 2005, by Sec. 19 of Ch. 458.)
CA Corp Code § 31403 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 4 - ENFORCEMENT|CHAPTER 2 - Powers of the Commissioner|Section 31403.

31403.  If, in the opinion of the commissioner, the offer of any franchise exempt from registration under this law is being or has been offered for sale without complying with Section 31201, or any other provision that provides an exemption from Chapter 2 (commencing with Section 31110) of Part 2, the commissioner may order the franchisor or offeror of the franchise to desist and refrain from the further offer or sale of the franchise unless and until the offer is made in compliance with this law. If, after that order has been made, a request for a hearing is filed in writing within 60 days from the date of service of the order by the person to whom the order was directed, a hearing shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and the commissioner shall have all of the powers granted under that chapter. Unless that hearing is commenced within 15 business days after the request is made, or the person affected consents to a later date, the order shall be deemed rescinded.If that person fails to file a written request for a hearing within 60 days from the date of service of the order, the order shall be deemed a final order of the commissioner and shall not be subject to review by any court or agency, notwithstanding Section 31501.(Amended by Stats. 2004, Ch. 458, Sec. 9. Effective September 10, 2004. Operative January 1, 2005, by Sec. 19 of Ch. 458.)
CA Corp Code § 31404 (2021)
2021 California Code|Corporations Code - CORP|TITLE 4 - SECURITIES|DIVISION 5 - FRANCHISE INVESTMENT LAW|PART 4 - ENFORCEMENT|CHAPTER 2 - Powers of the Commissioner|Section 31404.

31404.  The commissioner may refer evidence that is available concerning any violation of this law or of any rule or order hereunder to 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. Upon request of the district attorney, the commissioner and the counsel, deputies, or assistants of the commissioner may assist the district attorney in presenting the law or facts at the trial.(Amended by Stats. 1984, Ch. 936, Sec. 1.)