2006 Code of Virginia § 46.2-1566 - Filing of franchises

46.2-1566. Filing of franchises.

A. It shall be the responsibility of each motor vehicle manufacturer, factorybranch, distributor, distributor branch, or subsidiary thereof to file withthe Commissioner by certified mail a true copy of each new, amended,modified, or different form or addendum offered to more than one dealer whichaffects the rights, responsibilities, or obligations of the parties of afranchise or sales, service, or sales and service agreement to be offered toa motor vehicle dealer or prospective motor vehicle dealer in theCommonwealth no later than sixty days prior to the date the franchise orsales agreement is offered. In no event shall a new, amended, modified, ordifferent form of franchise or sales, service, or sales and service agreementbe offered a motor vehicle dealer in the Commonwealth until the form has beendetermined by the Commissioner as not containing terms inconsistent with theprovisions of this chapter. At the time a filing is made with theCommissioner pursuant to this section, the manufacturer, factory branch,distributor, distributor branch, or subsidiary shall also give written noticetogether with a copy of the papers so filed to the affected dealer or dealers.

B. The Department shall inform the manufacturer, factory branch, distributor,distributor branch, or subsidiary and the dealer or dealers or other partiesnamed in the agreement of a preliminary recommendation as to the consistencyof the agreement with the provisions of this chapter. If any of the partiesinvolved have comments on the preliminary recommendation, they must besubmitted to the Commissioner within thirty days of receiving the preliminaryrecommendation. The Commissioner shall render his decision within fifteendays of receiving comments from the parties involved. If the Commissionerdoes not receive comments within the thirty-day time period, he shall makethe final determination as to the consistency of the agreement with theprovisions of this chapter.

(1988, c. 865, 46.1-550.5:24; 1989, c. 727; 1994, c. 537; 1995, cc. 767,816.)