Examples of UFOC Guidelines in a sentence
Seller UFOCs were prepared in all material respects in compliance with the UFOC Guidelines and/or other Legal Requirements and there were no material misrepresentations or misstatements of fact or omissions to state material information in any Seller UFOC necessary to make the statements made therein not misleading under the circumstances at the time such Seller was using such Seller UFOC.
Accordingly, in February 1997, the Commission published an Advance Notice of Proposed Rulemaking (‘‘ANPR’’).14 The ANPR solicited comment on several proposed Rule modifications which would, among other things, create a separate trade regulation for business opportunity sales, revise the Rule’s disclosure requirements to mirror those of the UFOC Guidelines, limit the Rule’s application to sales of franchises located in the United States, and permit electronic disclosure.
The Commission also determined to modify the Rule in order to reduce inconsistencies with the UFOC Guidelines, while updating the Rule to address new technologies developed since the original Rule was promulgated.
As a practical matter, most franchisors have chosen to prepare their disclosure documents under the UFOC Guidelines, even in states where that format is not specifically required.
Franchisors may continue to file and use in the Registration States franchise disclosure documents prepared under the UFOC Guidelines until July 1, 2008.
In lieu of the Rule’s format, the Commissionhas accepted the UFOC Guidelines originally adopted by the MidwestSecurities Commissioners Association on September 5, 1975.
In addition, the 2007 Franchise Rule incorporates new disclosure requirements not found in the UFOC Guidelines, including disclosures related to a franchisor’s parent, franchisor initiated litigation, confidentiality clauses and the existence of trademark-specific franchisee associations.
Accordingly, theCommission solicits comments onwhether it is desirable to revise the Rule by replacing the current Rule disclosure requirements with those set forth in the revised UFOC Guidelines.
Consequently, until NASAA adopts a replacement for the UFOC Guidelines, NASAA recommends that, as of July 1, 2007, Registration States permit franchisors to file in those states franchise disclosure documents prepared under the 2007 Franchise Rule, in accordance with the Instructions set forth below.
See also UFOC Guidelines, Item 18 (disclosure of any compensation or other benefit given or promised to a public figure).241 See, e.g., FTC v.