WSR 15-13-037
INTERPRETIVE STATEMENT
DEPARTMENT OF
FINANCIAL INSTITUTIONS
[Filed June 8, 2015, 3:54 p.m.]
Notice of Adoption of Franchise Act Interpretive Statement
June 8, 2015
The securities division of the Washington state department of financial institutions has adopted Franchise Act Interpretive Statement FIS-08 (interpretive statement), which applies to certain experienced franchisors claiming exemption from franchise registration. The interpretive statement provides guidance on acceptable methods of demonstrating compliance with the net worth requirement found in RCW 19.100.030 (4)(b)(i)(4)[(A)]. In summary, a franchisor that claims exemption from franchise registration in reliance upon RCW 19.100.030 (4)(a) and (b)(i), and that has a net worth of not less than $1,000,000 and is at least eighty percent owned by a corporation which has a net worth on a consolidated basis of not less than $5,000,000 may submit unaudited financial statements if it is unable to submit audited financial statements separate from the parent company. Alternatively, if unaudited financial statements cannot be obtained without incurring excessive costs, the franchisor may submit an executed guarantee of performance and signed affidavit in addition to the audited financial statements of the parent.
The complete text of the interpretive statement is on the securities division web site at http://www.dfi.wa.gov/franchises/interpretive-statements.
Please contact Dan Matthews by phone (360) 902-8785, fax (360) 704-6496, or e-mail dmatthews@dfi.wa.gov with questions.
Scott Jarvis
Director