Title 10, Chapter 1, Section 734
( 10-1-734)
(a) No supplier shall unreasonably withhold or delay consent to any
transfer of the multiline dealer's business or transfer of the stock
or other interest in the dealership whenever the transferee meets
the material and reasonable qualifications and standards required in
supplying its multiline dealers. Should a supplier determine that a
proposed transferee does not meet its qualifications and standards,
it shall give the multiline dealer written notice thereof, stating
the specific reasons for withholding consent. No prospective
transferee shall be disqualified to be a multiline dealer because it
is a publicly held corporation. A supplier shall have 45 days to
consider a multiline dealer's request to make a transfer under this
subsection. (b) Whenever a transfer of a multiline dealer's business occurs, the
transferee shall assume all the obligations imposed on and succeed
to all the rights held by the selling multiline dealer by virtue of
any agreement consistent with this article between the selling
multiline dealer and one or more suppliers entered into prior to the
transfer. (c) In any dispute as to whether a supplier has denied consent in
violation of this Code section, the supplier shall have the burden
of proving a substantial and reasonable justification for the denial
of consent. |