§ 31-5.1-4.1 Dealership –Survivorship. – (a) Right of designated family member to succeed in dealershipownership. Any owner of a new motor vehicle dealership may appoint by willor any other written instrument a designated family member to succeed in theownership interest of that owner in the new motor vehicle dealership.
(2) Unless there exists good cause for refusal to honor thatsuccession on the part of the manufacturer or distributor, any designatedfamily member of a deceased or incapacitated owner of a new motor vehicledealer may succeed to the ownership of the new motor vehicle dealer under theexisting franchise provided that:
(i) The designated family member gives the manufacturer ordistributor written notice of his or her intention to succeed to the ownershipof the new motor vehicle dealer within one hundred twenty (120) days of theowner's death or incapacity;
(ii) The designated family member agrees to be bound by allthe terms and conditions of the franchise; and
(iii) The designated family member shall not operate thedealership unless he or she meets the then-current criteria generally appliedby the manufacturer or distributor in qualifying dealer-operators.
(3) The manufacturer or distributor may request, and thedesignated family member shall provide, promptly upon the request, personal andfinancial data that is reasonably necessary to determine whether the successionshould be honored.
(1) If a manufacturer or distributor believes that good causeexists for refusing to honor the succession to the ownership of a new motorvehicle dealer by a family member of a deceased or incapacitated owner of a newmotor vehicle dealer under the existing franchise agreement, the manufactureror distributor may, not more than sixty (60) days following receipt of:
(i) Notice of the designated family member's intent tosucceed to the ownership of the new motor vehicle dealer; or
(ii) Any personal or financial data which it has requested,serve upon the designated family member and the department of revenue notice ofits refusal to honor the succession and of its intent to discontinue theexisting franchise with the dealer no sooner than ninety (90) days from thedate the notice is served.
(2) The notice must state the specific grounds for therefusal to honor the succession and of the manufacturer's or distributor'sintent to discontinue the existing franchise with the new motor vehicle dealerno sooner than ninety (90) days from the date the notice is served.
(3) If notice of refusal and discontinuance is not timelyserved upon the family member, the franchise shall continue in effect subjectto termination only as otherwise permitted by this chapter.
(c) Written designation of succession unaffected. Thischapter does not preclude the owner of a new motor vehicle dealership fromdesignating any person as the owner's successor by written instrument filedwith the manufacturer or distributor and, in the event there is a conflictbetween that written instrument and the provisions of this section, the writteninstrument shall govern.
§ 31-5.1-4.1 Dealership –Survivorship. – (a) Right of designated family member to succeed in dealershipownership. Any owner of a new motor vehicle dealership may appoint by willor any other written instrument a designated family member to succeed in theownership interest of that owner in the new motor vehicle dealership.
(2) Unless there exists good cause for refusal to honor thatsuccession on the part of the manufacturer or distributor, any designatedfamily member of a deceased or incapacitated owner of a new motor vehicledealer may succeed to the ownership of the new motor vehicle dealer under theexisting franchise provided that:
(i) The designated family member gives the manufacturer ordistributor written notice of his or her intention to succeed to the ownershipof the new motor vehicle dealer within one hundred twenty (120) days of theowner's death or incapacity;
(ii) The designated family member agrees to be bound by allthe terms and conditions of the franchise; and
(iii) The designated family member shall not operate thedealership unless he or she meets the then-current criteria generally appliedby the manufacturer or distributor in qualifying dealer-operators.
(3) The manufacturer or distributor may request, and thedesignated family member shall provide, promptly upon the request, personal andfinancial data that is reasonably necessary to determine whether the successionshould be honored.
(1) If a manufacturer or distributor believes that good causeexists for refusing to honor the succession to the ownership of a new motorvehicle dealer by a family member of a deceased or incapacitated owner of a newmotor vehicle dealer under the existing franchise agreement, the manufactureror distributor may, not more than sixty (60) days following receipt of:
(i) Notice of the designated family member's intent tosucceed to the ownership of the new motor vehicle dealer; or
(ii) Any personal or financial data which it has requested,serve upon the designated family member and the department of revenue notice ofits refusal to honor the succession and of its intent to discontinue theexisting franchise with the dealer no sooner than ninety (90) days from thedate the notice is served.
(2) The notice must state the specific grounds for therefusal to honor the succession and of the manufacturer's or distributor'sintent to discontinue the existing franchise with the new motor vehicle dealerno sooner than ninety (90) days from the date the notice is served.
(3) If notice of refusal and discontinuance is not timelyserved upon the family member, the franchise shall continue in effect subjectto termination only as otherwise permitted by this chapter.
(c) Written designation of succession unaffected. Thischapter does not preclude the owner of a new motor vehicle dealership fromdesignating any person as the owner's successor by written instrument filedwith the manufacturer or distributor and, in the event there is a conflictbetween that written instrument and the provisions of this section, the writteninstrument shall govern.
§ 31-5.1-4.1 Dealership –Survivorship. – (a) Right of designated family member to succeed in dealershipownership. Any owner of a new motor vehicle dealership may appoint by willor any other written instrument a designated family member to succeed in theownership interest of that owner in the new motor vehicle dealership.
(2) Unless there exists good cause for refusal to honor thatsuccession on the part of the manufacturer or distributor, any designatedfamily member of a deceased or incapacitated owner of a new motor vehicledealer may succeed to the ownership of the new motor vehicle dealer under theexisting franchise provided that:
(i) The designated family member gives the manufacturer ordistributor written notice of his or her intention to succeed to the ownershipof the new motor vehicle dealer within one hundred twenty (120) days of theowner's death or incapacity;
(ii) The designated family member agrees to be bound by allthe terms and conditions of the franchise; and
(iii) The designated family member shall not operate thedealership unless he or she meets the then-current criteria generally appliedby the manufacturer or distributor in qualifying dealer-operators.
(3) The manufacturer or distributor may request, and thedesignated family member shall provide, promptly upon the request, personal andfinancial data that is reasonably necessary to determine whether the successionshould be honored.
(1) If a manufacturer or distributor believes that good causeexists for refusing to honor the succession to the ownership of a new motorvehicle dealer by a family member of a deceased or incapacitated owner of a newmotor vehicle dealer under the existing franchise agreement, the manufactureror distributor may, not more than sixty (60) days following receipt of:
(i) Notice of the designated family member's intent tosucceed to the ownership of the new motor vehicle dealer; or
(ii) Any personal or financial data which it has requested,serve upon the designated family member and the department of revenue notice ofits refusal to honor the succession and of its intent to discontinue theexisting franchise with the dealer no sooner than ninety (90) days from thedate the notice is served.
(2) The notice must state the specific grounds for therefusal to honor the succession and of the manufacturer's or distributor'sintent to discontinue the existing franchise with the new motor vehicle dealerno sooner than ninety (90) days from the date the notice is served.
(3) If notice of refusal and discontinuance is not timelyserved upon the family member, the franchise shall continue in effect subjectto termination only as otherwise permitted by this chapter.
(c) Written designation of succession unaffected. Thischapter does not preclude the owner of a new motor vehicle dealership fromdesignating any person as the owner's successor by written instrument filedwith the manufacturer or distributor and, in the event there is a conflictbetween that written instrument and the provisions of this section, the writteninstrument shall govern.
