2016 Kentucky Revised Statutes CHAPTER 365 - TRADE PRACTICES .830 Repurchase of inventory upon death of retailer or majority owner -- Option of heirs -- Previous agreements of succession rights.
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365.830 Repurchase of inventory upon death of retailer or majority owner -Option of heirs -- Previous agreements of succession rights.
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In the event of the death of a retailer or the majority owner of the equity interests of
the entity operating as a retailer, the supplier shall, at the option of the heirs of the
retailer or the majority owner, repurchase the inventory from the heirs as if the
supplier had terminated the retail agreement contract. The heirs shall have one (1)
year from the date of the death of the retailer or majority owner to exercise their
option regarding the repurchase. No repurchase of any inventory shall be required if
the heirs and the supplier enter into a new retail agreement contract to operate the
retail dealership. As used in this section, "heir" means a spouse, child, son-in-law,
daughter-in-law, or lineal descendant of the retailer or majority owner of the
dealership.
A supplier shall have ninety (90) days in which to consider and make a
determination on a request by an heir to enter into a new retail agreement contract to
operate the retail dealership. In the event the supplier determines that the request is
not acceptable, the supplier shall provide the heir with a written notice of its
determination with the stated reasons for nonacceptance. This section does not
entitle an heir to operate a dealership without the specific written consent of the
supplier.
If a supplier and a retailer or majority owner of the equity interests of the entity
operating as a retailer have previously executed an agreement concerning
succession rights prior to the retailer's or majority owner's death, and if the
agreement had not been revoked, the agreement shall be observed even if it
designates someone other than the surviving heirs of the decedent as the successor.
Effective: April 21, 2004
History: Amended 2004 Ky. Acts ch. 144, sec. 7, effective April 21, 2004. -- Created
1986 Ky. Acts ch. 32, sec. 7, effective February 18, 1986.
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