Minnesota Administrative Rules
Agency 120 - Commerce Department
Chapter 2860 - FRANCHISES
Part 2860.0100 - DEFINITIONS

Universal Citation: MN Rules 2860.0100

Current through Register Vol. 49, No. 13, September 23, 2024

Subpart 1. Scope.

For the purposes of Minnesota Statutes 1973 Supplement, chapter 80C and these rules, these terms shall have the following meanings.

Subp. 2. Affiliate.

"Affiliate" of another person means any person directly or indirectly controlling, controlled by, or under common control with such other person.

Subp. 3. Approved source.

"Approved source" means any source that meets the specifications or standards prescribed by the franchisor for the purchase or lease of goods by the franchisee as distinguished from a "designated source."

Subp. 4. Cancellation; termination.

"Cancellation" and "termination" shall be synonymous and include the abolition of, ending of, or invalidation of a franchise agreement.

Subp. 5. Designated sources.

"Designated sources" shall include any sources that the franchisor specifies as the only or exclusive suppliers from whom the franchisee may purchase or lease goods as distinguished from an "approved source."

Subp. 6. Franchise.

"Franchise" shall not include any contract or agreement whereby a person is granted the right to transport freight and perform household goods moving services by motor vehicles, provided such activity is subject to the jurisdiction and federal regulation of the Interstate Commerce Commission.

Subp. 7. Grant.

"Grant" means to give, bestow, or confer a franchise upon a franchisee.

Subp. 8. Motor vehicle.

"Motor vehicle" means any automobile, truck, truck tractor, motorcycle, or self-propelled motor home or camper if the foregoing is designed primarily for the transportation of persons or property on the public highways.

Subp. 9. Sale; sell; offer; offer to sell.

"Sale," "sell," "offer," and "offer to sell" shall include the renewal or extension of an existing franchise for value for the purposes of Minnesota Statutes 1973 Supplement, sections 80C.10 to 80C.22, and parts 2860.4300 to 2860.8300.

Subp. 10. Value; for value.

"Value" and "for value" shall include any consideration sufficient to support a simple contract.

Statutory Authority: MS s 80C.18

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