14 Ill. Adm. Code 200.APPENDIX E
E Surety Bond
Section 200
TITLE 14: COMMERCE
SUBTITLE A: REGULATION OF BUSINESS
CHAPTER II: ATTORNEY GENERAL
PART 200 FRANCHISE DISCLOSURE ACT
SECTION 200.APPENDIX E SURETY BOND
Section 200.APPENDIX E
Surety Bond
We, ____
(name
of franchisor)
____, a corporation with principal offices at
___(address
of franchisor)____
as principal, and ____
(name of surety company)____
,
a surety company with principal offices located at ____
(address of
Surety)____
incorporated under the laws of the State of _______________ and
authorized to conduct business in the State of Illinois, as Surety, are
indebted to the Administrator, Illinois Attorney General, 500 South Second
Street, Springfield, Illinois 62706, Obligee in the sum of ______________ to
be paid to the Obligee or its legal representatives, successors, or assigns,
for which payment we bind ourselves and our legal representatives and
successors, jointly and severally.
WHEREAS, the above-named
principal has made application to the Administrator for registration of the
offer of its franchises under the Illinois Franchise Disclosure Act and is
required pursuant to said law to provide the Administrator with a Surety Bond.
WHEREAS, the Principal
proposes to offer in Illinois ____________ franchise(s) within one year from
the effective date of the proposed registration under the Illinois Franchise
Disclosure Act; and
WHEREAS, the
Obligee intends to assign this bond to the respective purchaser(s) of the
aforementioned franchise(s) upon sale of the aforementioned franchise(s) to
said purchaser(s).
The conditions
of this bond are that if the Principal, its agent or employees shall:
1. Comply with the Illinois Franchise Disclosure Act and all
rules and orders promulgated thereunder; and
2. Pay all damages suffered by any person by reason of the
violation of the Illinois Franchise Disclosure Act or any rules or orders
promulgated thereunder or any acts, rules or orders amendatory thereof and/or
supplementary thereto, or hereafter enacted, or by reason of any
misrepresentation, deceit, fraud or omission to state a material fact necessary
in order to make any statement made in the light of the circumstances under
which such statement was made, not misleading, including, but not limited to,
the failure to disclose, as required by Illinois Franchise Disclosure Act and
the rules and regulations promulgated thereunder, the true financial condition
of franchisor; and
3. Fully completes its obligations under the Franchise Agreement
and all related Agreements to provide real estate, improvements, equipment,
inventory, training and other items included in the franchise offering, then
this obligation shall be void; otherwise this obligation will remain in full
force and effect. This bond and obligation hereunder shall be deemed to run
continuously and shall remain in full force and effect for four full year after
the date of execution of this document.
In the event
that any action or proceeding is initiated with respect to this bond, the
parties agree that the venue thereof shall be the state or province in which
the offer or sale of the franchise occurred.
IN WITNESS
WHEREOF, Principal and Surety have executed this instrument at this________ day
of _______________, _______
.
Principal
Surety