Chapter 553, WISCONSIN FRANCHISE INVESTMENT LAW
30 sections in this chapter.
Wis. Stat. § 553.01 Short title
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553.01 Short title. This chapter shall be known and may be cited as the “Wisconsin Franchise Investment Law”. History: 1971 c. 241. Protection for Consumers Against Unfair and Deceptive Business. Jeffries. 57 MLR 559 (1974). The Wisconsin Franchise Investment Law. Mett. WBB Oct. …
Wis. Stat. § 553.03 Definitions
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553.03 Definitions. In this chapter: (2) “Area franchise” 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 such right, to sell or negotiate the sale of franchis…
Wis. Stat. § 553.21 Registration requirement
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553.21 Registration requirement. No person may sell in this state any franchise unless the franchise has been registered under this chapter or is exempted under s. 553.23, 553.235 or 553.25. History: 1971 c. 241; 1981 c. 54 ss. 1, 32; 1987 a. 381; 1989 a. 56 s. 259; 1995 a. 364. …
Wis. Stat. § 553.22 Excluded franchises
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553.22 Excluded franchises. This chapter does not apply to the offer or sale of the following franchises: (1) Any relationship if the person described in the offer as a franchisee, or any of the current directors or executive officers of that person, has been in the type of busin…
Wis. Stat. § 553.23 Private franchisee and subfranchisor sales exempted
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553.23 Private franchisee and subfranchisor sales exempted. The sale of a franchise by a franchisee for the franchisee’s own account and the sale of the entire area franchise owned by a subfranchisor for the subfranchisor’s own account are exempted from s. 553.21 if the sale is n…
Wis. Stat. § 553.235 Experienced franchisee exempt transactions
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553.235 Experienced franchisee exempt transactions. (1) CONDITIONS OF EXEMPTION. Except as provided in sub. (2), a registration exemption is available for the sale of a franchise that meets all of the following conditions: (a) The immediate cash payment required by the franchisee…
Wis. Stat. § 553.24 Exemption proceedings
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553.24 Exemption proceedings. (1) The division may by order deny or revoke any exemption under s. 553.23, 553.235 or 553.25 with respect to the sale of a franchise for any of the grounds specified in s. 553.28 (1). (2) If the public interest and the protection of investors so req…
Wis. Stat. § 553.25 Exemption by division
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553.25 Exemption by division. The division may by rule or order exempt from registration under s. 553.21 any franchise if registration is not necessary or appropriate in the public interest or for the protection of investors. History: 1971 c. 241; 1981 c. 54; 1995 a. 27, 364. Cro…
Wis. Stat. § 553.26 Registration by notification
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553.26 Registration by notification. (1) A person who wishes to sell a franchise in this state that is not excluded under s. 553.22 and that is not exempt from registration under s. 553.23, 553.235 or 553.25 shall register the franchise by notification to the division. The notifi…
Wis. Stat. § 553.27 General registration provisions; offering circular; consent to service of process
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553.27 General registration provisions; offering circular; consent to service of process. (2) If the division finds that the applicant has failed to demonstrate that adequate financial arrangements have been made to fulfill obligations to provide real estate, improvements, equipm…
Wis. Stat. § 553.28 Denial, suspension or revocation of registrations
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553.28 Denial, suspension or revocation of registrations. (1) The division may issue an order suspending or revoking the effectiveness of any registration if the division finds any of the following: (a) That the franchisor or any person acting on behalf of the franchisor failed t…
Wis. Stat. § 553.31 Amendment to registration statement
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553.31 Amendment to registration statement. (1) Except as provided in sub. (3), a franchisor shall within 30 days after the happening of any material event affecting a registered franchise notify the division in writing, by an application to amend the registration statement, of a…
Wis. Stat. § 553.41 Fraudulent and prohibited practices
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553.41 Fraudulent and prohibited practices. (1) No person may make or cause to be made, in any document filed with the division or in any proceeding under this chapter, any statement which is, at the time and in the light of the circumstances under which it is made, false or misl…
Wis. Stat. § 553.51 Civil liability; sale in violation
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553.51 Civil liability; sale in violation. (1) Any person who sells a franchise in violation of s. 553.27 (4), if the violation was material in the franchisee’s or subfranchisor’s decision to purchase the franchise, shall be liable to the franchisee or subfranchisor, who may brin…
Wis. Stat. § 553.52 Criminal penalties
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553.52 Criminal penalties. (1) Any person who willfully violates s. 553.41 (2) to (5) or any order of which the person has notice, or who violates s. 553.41 (1) knowing or having reasonable cause to believe either that the statement made was false or misleading in any material re…
Wis. Stat. § 553.54 Injunctions
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553.54 Injunctions. (1) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any act or practice constituting a violation of …
Wis. Stat. § 553.55 Investigations and subpoenas
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553.55 Investigations and subpoenas. (1) The division may make such public or private investigations within or outside of this state as the division deems necessary to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder or …
Wis. Stat. § 553.56 Hearings and judicial review
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553.56 Hearings and judicial review. (1) Except as provided by sub. (2), no order may be entered by the division under s. 553.24 or 553.28 without appropriate prior notice to all interested parties, opportunity for hearing and written findings of fact and conclusions of law. (2) …
Wis. Stat. § 553.57 Enforcement of criminal penalties
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553.57 Enforcement of criminal penalties. The division may refer such evidence as is available concerning any violation of this chapter or of any rule or order hereunder to the district attorney of the county in which the violation occurred, or to the attorney general, who may, w…
Wis. Stat. § 553.58 Rules, forms and orders
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553.58 Rules, forms and orders. 553.58(1)(1) The division may make, amend and rescind any rules, forms and orders that are necessary to carry out this chapter, including rules and forms governing registrations and defining any terms, whether or not used in this chapter, insofar a…
Wis. Stat. § 553.59 Scope of chapter
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553.59 Scope of chapter. (1) The provisions of this chapter concerning sales and offers to sell apply when a sale is made in this state or when an offer to sell is made or accepted in this state, except that s. 553.21 does not apply to an offer to sell that is not directed to, or…
Wis. Stat. § 553.60 Miscellaneous powers
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553.60 Miscellaneous powers. The division may by order summarily prohibit offers or sales of a franchise that are being, or have been, made in this state in violation of this chapter, unless the franchise is registered or exempted from registration under this chapter. History: 19…
Wis. Stat. § 553.605 Administrative assessments; investor education
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553.605 Administrative assessments; investor education. (1) IMPOSING ADMINISTRATIVE ASSESSMENT WITH CERTAIN ORDERS. (a) The division or any officer designated by the division may impose an administrative assessment in the amount provided in par. (b) on any person who is subject t…
Wis. Stat. § 553.71 Administration
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553.71 Administration. (1) This chapter shall be administered by the division and by the department of justice when exercising its authority under s. 553.54. (2) It is unlawful for the division or any of the division’s officers or employees to use for personal benefit any informa…
Wis. Stat. § 553.72 Fees and expenses
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553.72 Fees and expenses. The division shall charge and collect the fees fixed by this section. (1) The fee for filing a notice for the one-year effectiveness of the registration of a franchise under s. 553.26 is $400. (3) The expenses reasonably attributable to the examination o…
Wis. Stat. § 553.73 Service of process
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553.73 Service of process. When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this chapter or any rule or order under this chapter, whether or not the person has filed a consent to service of process under s. 553.27 (10),…
Wis. Stat. § 553.74 Open records; publication
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553.74 Open records; publication. All notifications and other papers and documents filed with the division under this chapter shall be open to public inspection in accordance with rules adopted by the division. The division may publish any information filed with or obtained by th…
Wis. Stat. § 553.75 Administrative files and opinions
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553.75 Administrative files and opinions. (1) A document is filed when it is received by the division. (2) The division shall keep a register of all filings which are or have ever been effective under this chapter and predecessor laws and all denial, suspension or revocation orde…
Wis. Stat. § 553.76 Waivers of compliance void
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553.76 Waivers of compliance void. Any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of this chapter or any rule or order under this chapter is void. This section does not affect the settlement of …
Wis. Stat. § 553.78 Preemption
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553.78 Preemption. This chapter shall not preempt the administration of ch. 96, 100, 125, 133, 168 or 218. False, fraudulent and deceptive practices in connection with the offer, purchase or sale of a franchise defined by rule of the division under s. 553.58 (1) may also constitu…