Md. Code Regs. 02.02.08.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 02.02.08.06 - Amendment of Registration

A. When to File.

(1) An application for amendment of a registration statement shall be promptly filed if there is a material change in the information that a registrant previously filed with the Commissioner.

(2) An amendment is not required if a particular franchise agreement is changed as a result of negotiations between the franchisee and the franchisor and the franchisor agrees to the change or a similar change only on an individual or isolated basis.

B. Form of Amendment.

(1) An application for amendment of a registration statement, whether filed before or after the effective date of registration, shall be in the form set forth in Regulation .04 of this chapter and shall contain:

(a) One complete clean copy of the amended MFOC; and

(b) One redlined copy of the MFOC that highlights all additions, deletions, and other changes by underlining, boldface or italic type, or such other symbols as to indicate clearly any alterations to the applicant's prior submission.

(2) Each amendment shall be accompanied by a facing page which indicates that the filing is an amendment and which states the number of the amendment and the items of the offering circular which are affected by the amendment.

C. Payment of Fee. An application to amend an effective registration statement shall be accompanied by payment for the fee set forth in the Maryland Franchise Law, Business Regulation Article, §14-220, Annotated Code of Maryland.

D. Status of Current Registration. During the pendency of an application to amend a registration statement, the current registration statement filed with the Commissioner remains in effect.

E. Completion of Filing. During examination of an application to amend an effective registration statement, the Commissioner may require the applicant to modify the application or to submit additional information to remedy deficiencies in the application. The Commissioner may require the applicant to make such other disclosures as the Commissioner considers necessary or appropriate in the public interest or for the protection of prospective franchisees.

F. Effective Date of Amendment.

(1) If the Commissioner does not require additional information from the applicant and does not issue a stop order or other order blocking effectiveness of the amendment, an amendment to an effective registration statement becomes effective 15 business days after receipt by the Commissioner of the application to amend, or at such earlier time as the Commissioner may determine.

(2) If the Commissioner requires that the applicant provide additional information, the amendment to the registration statement becomes effective 15 business days after receipt by the Commissioner of the information requested, unless the Commissioner issues a stop order or other order blocking the effectiveness of the amendment.

G. Abandonment of Amendment. If an applicant fails to provide information requested by the Commissioner or otherwise neglects to pursue an application to amend an effective registration statement in a diligent manner, the Commissioner shall consider the application to amend the registration statement abandoned 6 months after the date of the last written communication from the applicant or any person on behalf of the applicant. An applicant who wishes to revive an abandoned application to amend an effective registration statement shall submit a new application to amend the registration statement, together with a new filing fee.

H. Annual Effective Date. Notwithstanding the amendment of an effective registration statement, the effective date of the initial or renewal registration statement remains the date from which annual effectiveness is measured.

Md. Code Regs. 02.02.08.06

Regulations .06 adopted as an emergency provision effective December 2, 1977 (4:26 Md. R. 2005); emergency status extended at 5:8 Md. R. 587
Regulations .06 adopted effective May 5, 1978 (5:9 Md. R. 683) (Recodified from COMAR 02.02.04 to 02.02.10)
Regulations .06 recodified and amended effective May 19, 1986 (13:10 Md. R. 1154)
Regulations ______ .06 under COMAR 02.02.10 repealed effective January 17, 1994 (21:1 Md. R. 27)
Regulations .06 adopted effective January 17, 1994 (21:1 Md. R. 27)