Sec. 12.
(1) A franchisor whose most recent financial statements are unaudited and which show a net worth of less than $100,000.00 shall, at the request of a franchisee, arrange for the escrow of initial investment and other funds paid by the franchisee or subfranchisor until the obligations to provide real estate, improvements, equipment, inventory, training, or other items included in the franchise offering are fulfilled. At the option of the franchisor, a surety bond may be provided in place of escrow.
(2) The escrow agent shall be a financial institution authorized to do business in this state. The escrow agent may release to the franchisor those amounts of the escrowed funds applicable to a specific franchisee or subfranchisor upon presentation of an affidavit executed by the franchisee and an affidavit executed by the franchisor stating that the franchisor has fulfilled its obligation to provide real estate, improvements, equipment, inventory, training, or other items. This subsection does not prohibit a partial release of escrowed funds upon receipt of affidavits of partial fulfillment of the franchisor's obligation.
History: 1974, Act 269, Eff. Oct. 15, 1974 ;-- Am. 1984, Act 92, Eff. June 20, 1984
Structure Michigan Compiled Laws
Chapter 445 - Trade and Commerce
Act 269 of 1974 - Franchise Investment Law (445.1501 - 445.1546)
Section 445.1501 - Short Title; Construction.
Section 445.1502 - Definitions.
Section 445.1503 - Additional Definitions; Burden of Proof.
Section 445.1504a - Applicability of Act.
Section 445.1504b - Franchisee as Sole Employer.
Section 445.1505 - Prohibited Conduct in Connection With Offer, Sale, or Purchase of Franchise.
Section 445.1505a - Franchise Opportunities Handbook.
Section 445.1507 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1509-445.1511 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1513 - Conditions Prohibiting Offering for Sale or Selling Franchise.
Section 445.1514-445.1518 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1519 - Filing Change in Information Contained in Notice.
Section 445.1520 - Accounts of Franchise Sales; Reports; Examination of Records.
Section 445.1522 - Service of Process.
Section 445.1523 - Untrue Statement, Omission, or Failure to Give Notice of Change.
Section 445.1524 - Filing of Advertisement or Sales Literature; Exemption From Liability.
Section 445.1525 - Publication of False or Misleading Advertisement Prohibited.
Section 445.1526 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1527 - Void and Unenforceable Provisions.
Section 445.1529, 445.1530 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1531 - Liability for Damages or Rescission; Basis of Damages.
Section 445.1532 - Joint and Several Liability.
Section 445.1533 - Statute of Limitations.
Section 445.1534 - Civil Liability; Liability Under Other Statute or Common Law.
Section 445.1537 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1538 - Violation; Penalty; Punishing Crime Under Other Statute.
Section 445.1543-445.1545 - Repealed. 1984, Act 92, Eff. June 20, 1984.