Title 10, Chapter 1, Section 721
( 10-1-721)
(a) Effective January 1, 1988, no franchise agreement entered into
between a producer and a dealer or a redistributor and a dealer
shall deny a dealer the rights provided in this Code section. (b) A dealer shall have the right, effective upon his death or
retirement, to have the producer or redistributor offer a trial
franchise to the designated family member who has been approved by
the producer or redistributor in accordance with the producer's or
redistributor's reasonable standard for personal and financial
condition unless the producer or redistributor shows that the
designated family member no longer meets the reasonable standards
set at the time of designation of the previous approval. The
foregoing shall not prohibit a producer or redistributor from
requiring that the designated family member accept the trial
franchise within 30 days of the dealer's death or retirement and
that the designated family member attend a training program offered
by the producer or redistributor. As used in this Code section, the
term "trial franchise" shall have the same meaning as provided in
the federal Petroleum Marketing Practices Act (15 U.S.C. Section
2801, et seq.). (c) A dealer and a producer or a dealer and a redistributor may
mutually agree to change the family member designated. The
designated family member shall provide, upon the request of the
producer or redistributor, personal and financial data that are
reasonably necessary to determine whether he or she meets the
producer's or redistributor's reasonable standards. The producer or
redistributor shall not be obligated to accept a designated family
member under this subsection who does not meet the producer's or
redistributor's reasonable standards but any refusal to accept the
designated family member shall be given by the producer or
redistributor in writing to the dealer and shall fairly state the
reason therefor. |