Chapter 553

CHAPTER 553

WISCONSIN FRANCHISE INVESTMENT LAW

SUBCHAPTER I

TITLE AND DEFINITIONS

553.01   Short title.

553.03   Definitions.

SUBCHAPTER II

REGISTRATION OF FRANCHISES

553.21   Registration requirement.

553.22   Excluded franchises.

553.23   Private franchisee and subfranchisor sales exempted.

553.235   Experienced franchisee exempt transactions.

553.24   Exemption proceedings.

553.25   Exemption by division.

553.26   Registration by notification.

553.27   General registration provisions; offering circular; consent to service of process.

553.28   Denial, suspension or revocation of registrations.

553.31   Amendment to registration statement.

SUBCHAPTER III

FRAUDULENT AND PROHIBITED PRACTICES

553.41   Fraudulent and prohibited practices.

SUBCHAPTER IV

ENFORCEMENT AND GENERAL PROVISIONS

553.51   Civil liability; sale in violation.

553.52   Criminal penalties.

553.54   Injunctions.

553.55   Investigations and subpoenas.

553.56   Hearings and judicial review.

553.57   Enforcement of criminal penalties.

553.58   Rules, forms and orders.

553.59   Scope of chapter.

553.60   Miscellaneous powers.

553.605   Administrative assessments; investor education.

SUBCHAPTER V

ADMINISTRATION

553.71   Administration.

553.72   Fees and expenses.

553.73   Service of process.

553.74   Open records; publication.

553.75   Administrative files and opinions.

553.76   Waivers of compliance void.

553.78   Preemption.

subch. I of ch. 553 SUBCHAPTER I

TITLE AND DEFINITIONS

553.01 553.01 Short title. This chapter shall be known and may be cited as the “Wisconsin Franchise Investment Law”.

553.01 History History: 1971 c. 241.

553.01 Annotation Protection for consumers against unfair and deceptive business. Jeffries, 57 MLR 559.

553.01 Annotation The Wisconsin franchise investment law. Mett, 1972 WBB No. 5.

553.01 Annotation Avoiding the Accidental Franchise. Modell & Fittante. Wis. Law. May 2003.

553.03 553.03 Definitions. In this chapter:

553.03(2) (2) “Area franchise” means any contract or agreement between a franchisor and a subfranchisor whereby the subfranchisor is granted the right, for consideration given in whole or in part for such right, to sell or negotiate the sale of franchises in the name or on behalf of the franchisor.

553.03(3) (3) “Division” means the division of securities.

553.03(4) (4) 

553.03(4)(a) (a) “Franchise” means a contract or agreement, either express or implied, whether oral or written, between 2 or more persons by which:

553.03(4)(a)1. 1. A franchisee is granted the right to engage in the business of offering, selling or distributing goods or services under a marketing plan or system prescribed or suggested in substantial part by a franchisor; and

553.03(4)(a)2. 2. The operation of the franchisee’s business pursuant to such plan or system is substantially associated with the franchisor’s business and trademark, service mark, trade name, logotype, advertising or other commercial symbol designating the franchisor or its affiliate; and

553.03(4)(a)3. 3. The franchisee is required to pay, directly or indirectly, a franchise fee.

553.03(4)(b) (b) Unless specifically stated otherwise, “franchise” includes area franchise.