Wisconsin Legislature: Ch. Trans 140 TOC

Trans 140.01(1)(1) Statutory authority. As authorized by ss. 218.0152, 218.25, and 227.11, Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 218.0114 (4), (5), (20), (22), 218.0116 (1) (a) and (d), Stats., relating to the security requirements and financial qualifications of motor vehicle wholesaler, dealer, and salesperson license applicants, s. 218.11 (3) and (6) (a) and (g), Stats., relating to the financial qualifications of mobile home dealer license applicants to engage in the sale of recreational vehicles, and ss. 218.21 (1), (1m), (4) and (6), and 218.22 (1) and (3) (a) and (g), Stats., relating to the financial qualifications of motor vehicle salvage dealer license applicants, and s. 218.41 (2) (c) and (3) (a), Stats., relating to the financial qualifications of moped dealer license applicants.

Trans 140.01(2)(2) Applicability.

Trans 140.01(2)(a)(a) This chapter applies to any sole proprietorship, partnership or corporate entity applying for or holding a Wisconsin dealer’s license under any of the statute sections cited in sub. (1).

Trans 140.01(2)(b)(b) The provisions of subch. II apply to all applicants for a license issued by the department under ch. 218, Stats., and to all such licensees, who furnish a bond or letter of credit pursuant to s. 218.0114 (5) or (20), 218.11 (3) or (6) (g), 218.21 (4) or (6), or 218.33 (1), Stats. The provisions of subch. II also apply to all sureties and financial institutions that issue such bonds or letters of credit, and to all claimants against such bonds or letters of credit.

Trans 140.01 NoteNote: Forms used in this chapter are: MVD-2195 Financial Statement, MVD-2077 Motor Vehicle Dealer, Mobile Home Dealer or Salesperson Bond, MVD-2077A Moped Dealer Bond, MVD 2511 Motor Vehicle Dealer Bond and MVD 2497 Motor Vehicle Salvage Dealer Bond.

Trans 140.01 HistoryHistory: Cr. Register, March, 1985, No. 351, eff. 4-1-85; cr. (2) (am) and am. (2) (b), Register, July, 1986, No. 367, eff. 8-1-86; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; am. (1), renum. (2) (am) to be (2) (b) and am., r. (2) (b), Register, February, 1996, No. 482, eff. 3-1-96; corrections in (1), (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 140.02Trans 140.02 Definitions. In this chapter:

Trans 140.02(1)(1) “Asset” means anything of value owned by the corporation, limited liability company, partner or sole proprietor.

Trans 140.02(2)(2) “Current assets” means cash and assets, including trade or investment items, which may be readily converted into cash in the ordinary course of business within one year from the date of the balance sheet and include, but are not limited to, cash and equivalent, customer and factory receivables, inventories, last in first out reserves and marketable securities.

Trans 140.02(3)(3) “Current liabilities” means liabilities which are due and payable within one year from the date of the balance sheet.

Trans 140.02(4)(4) “Discounted” means an asset which is not considered at full value when determining the financial statement net worth.

Trans 140.02(5)(5) “Financial institution” has the same meaning as found in s. 705.01 (3), Stats.

Trans 140.02(6)(6) “Financial statement” means a balance sheet showing assets, liabilities, and net worth on a fixed date.

Trans 140.02(7)(7) “Intangible asset” means an asset which does not have a readily determined value, such as goodwill, and is not generally offered for sale.

Trans 140.02(8)(8) “Letter of credit” means an irrevocable instrument issued by a financial institution guaranteeing payment on behalf of its customer to a beneficiary for a stated period of time and when certain conditions are met.

Trans 140.02(9)(9) “Liability” means an obligation to pay money or other assets or to render a service to another person.

Trans 140.02(10)(10) “Major liability” means a liability equal to or greater than 10% of the total liabilities listed on the financial statement.

Trans 140.02(11)(11) “Net worth” means the difference between the asset and liability values on a balance sheet. Negative net worth is the excess of liabilities over assets.

Trans 140.02(12)(12) “Pro-forma statement” means a financial statement that presents information that anticipates some event or events which will occur in the future.

Trans 140.02(13)(13) “Recreational vehicle dealer” has the same meaning as found in s. Trans 142.02 (7).

Trans 140.02(14)(14) “Substantial portion of the assets” means a value greater than 30% of all assets.

Trans 140.02 HistoryHistory: Cr. Register, March, 1985, No. 351, eff. 4-1-85; renum. (1) to (7) to be (4), (6), (7), (10), (11), (12) and (14) and am. (6) and (12), cr. (1) to (3), (5), (8), (9) and (13), Register, February, 1996, No. 482, eff. 3-1-96.

Trans 140.022Trans 140.022 Security; forms and types.

Trans 140.022(1)(1) Forms of security. The only acceptable forms of security to fulfill the security requirements of ss. 218.0101 to 218.0163, Stats., are as follows:

Trans 140.022(1)(a)(a) Surety bonds. The bond shall be filed on a form prescribed by the department and issued by a bonding company licensed by this state and acceptable to the department. The bond shall be payable in the name of the department for the benefit of any person who sustains a loss because of an act of the licensee constituting grounds for the suspension or revocation of a license under ss. 218.0101 to 218.0163, Stats.

Trans 140.022 NoteNote: Under ss. 632.14 to 632.18, Stats., surety insurance is regulated by the Commissioner of Insurance.

Trans 140.022(1)(b)(b) Letters of credit. The letter of credit shall be filed on a form prescribed by the department and issued by a financial institution acceptable to the department. The issuer shall waive the right to revoke the credit before its expiration date, which shall be no earlier than 3 years after the last day of the period covered by the letter. The letter of credit shall be payable in the name of the department and upon a written statement by the department that one or more persons have sustained a loss because of acts by the licensee constituting grounds for the suspension or revocation of a license under s. 218.0116, Stats.

Trans 140.022 NoteNote: These forms may be obtained by contacting the Dealer Section’s Business Licensing Unit at (608) 266-1425.

Trans 140.022(2)(2) Minimum security. A motor vehicle dealer or applicant for a motor vehicle dealer license shall provide and maintain in force a bond or letter of credit of not less than $50,000, or if the dealer or applicant sells or proposes to sell motorcycles and not other types of motor vehicles, a bond or irrevocable letter of credit of not less than $5,000.

Trans 140.022(3)(3) Supplemental security. In addition to the security required under sub. (2), the department may require a motor vehicle dealer, or applicant for a motor vehicle dealer license, to provide and maintain in force a supplemental bond in an amount not less than $5,000 nor more than $100,000. The department may also require such securities of wholesalers and motor vehicle salespersons and applicants for such licenses. The department shall require such bonds according to the criteria described in s. Trans 140.027.

Trans 140.022 HistoryHistory: Cr. Register, February, 1996, No. 482, eff. 3-1-96; corrections in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; 2013 Wis. Act 363: am. (2) Register May 2014 No. 701, eff. 6-1-14.

Trans 140.027Trans 140.027 Criteria for supplemental security.

Trans 140.027(1)(1) Amount. The department may require supplemental bonds of motor vehicle dealers or wholesalers according to their annual vehicle sales and their total points in the current licensing period. The department shall provide a licensee or applicant written notice of the requirement for supplemental security. The department may require supplemental securities of applicants for such licenses according to the department’s estimates of their annual retail vehicle sales and their total points for the licensing period for which the application is made. The department may determine or estimate points and annual vehicle sales according to subs. (2) and (3). Bonds shall be in the amounts described in the following table:

Trans 140.027(2)(2) Determining points.

Trans 140.027(2)(a)(a) General. The department may assess points against a licensed dealer or wholesaler, or an applicant for a license, who has violated any provisions in ss. 218.0101 to 218.0163, Stats., or rules interpreting ss. 218.0101 to 218.0163, Stats., that constitute grounds for the suspension or revocation of their license. The department may also assess points against a licensed dealer, wholesaler, or an applicant for a license when the department has reasonable cause to doubt the licensee or applicant’s financial responsibility or solvency. The department shall provide a licensee or applicant written notice of a point assessment. Written notice of a point assessment shall specify the reasons for the point assessment, including the issuance of a complaint to revoke or suspend a license, a written stipulation to a conditional license, a civil forfeiture complaint or citation, notice of denial of a license, and a special order issued by the division of hearings and appeals. All points assessed by the department shall remain in effect for the duration of the current licensing period, and any new point assessments shall be added to the existing point total for that licensee throughout the current licensing period.

Trans 140.027(2)(b)(b) Effect of point assessments from previous licensing period. The department may assess additional points or carry over points to a new licensing period under the following conditions: