Franchises (Registration and Control) Act

Link to law: http://laws.gov.ag/acts/chapters/cap-182A.pdf
Published: 1991

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Franchises (CAP. 182A 1
(Registration and Control)

CHAPTER 182A

T H E FRANCHISES (REGISTRATION
AND CONTROL) ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Application for and objection to licence.
4. Grant of licence.
5. Conditions of licence.
6. Register of licence.
7. Change of address to be notified.
8. Business conducted at more than one address.
9. Duplicate licence.

10. Renewal and surrender of licence.
11. Suspension of licence.
12. Minister's decision final.
13. Inspectors.
14. Delegation of powers.
15. Recovery of unpaid fees.
16. Offences.
17 . Power to amend Schedule.
18. Regulations.
19. Expenses.
20. Other enactments not affected.
2 1. Exemptions.

SCHEDULE.

LAWS OF ANTIGUA AND BARBUDA

Franchises (CAP. 182A 3
(Registration and Control)

FRANCHISES (REGISTRATION AND CONTROL)

An Act to provide for the licensing, registration and
control of businesses which operate on franchise in Antigua
and Barbuda and for matters related thereto.

(21st February, 1991 .)

1. This Act may be cited as the Franchises (Regis- Short title.
tration and Control) Act.

2. In this Act- Interpretation.

' 'citizen" includes

(a) a dependant of a citizen,

(b) a firm in which the partners who are citizens
have a right to more than one half of the assets or income
of the firm, or

(6 ) a company that is controlled by individuals who
are citizens or by a combination of one or more such
individuals or companies;

"franchise" means-

(a) a right granted in writing by the owner of a
mark, product, service, technique or device to another
person to use the mark, product, service, technique or
device whether or not the mark, product, service, tech-
nique or device is protected by a trade mark or trade
secret, or by usage; and

(b) a licence to use a copyright, an industrial design
or an invention;

6' Inspector" means a person assigned by the Minister
under section 13 to be an inspector for purposes
of this Act;

"Minister" means the Minister responsible for Finance.

3. (1) Subject to this section- Application for and objection to
licence.

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 182A) Franchises
(Registration and Control)

( a ) No person shall operate a business in Antigua
and Barbuda using the mark, product, service, tech-
nique, device, copyright, industrial design or invention
of another person; and

( b ) no person, other than a citizen shall operate
a business in Antigua and Barbuda using his own mark,
product, service, technique, device, copyright, industrial
design or invention.

(2) Any person-

( a ) who wishes to operate a business in Antigua
and Barbuda on franchise; or

( 6 ) who not being a citizen, wishes to operate a
business in Antigua and Barbuda using his own mark,
product, service, technique, design or invention;

shall before he commences business, obtain from the Minister
a licence for the purpose.

(3) Where on commencement of this Act-

(a ) any person is operating a business on franchise;
or

( b ) any person other than a citizen is operating a
business using his own mark, product, service, tech-
nique, device, copyright, industrial design or invention;

without a licence from the Minister and continues to do so
he shall, not later than three months after the commence-
ment of this subsection, obtain from the Minister a licence
for the purpose.

(4) Any person who not being the holder of a franchise
is on the commencement of this Act operating a business
using the mark, product, service, technique, device,
copyright, industrial design or invention of another person
and continues to do so shall-

( a ) within three months after the commencement
of this Act, obtain a franchise from the other person
for the purpose;

( b ) within three months after obtaining the fran-
chise referred to in paragraph ( a ) obtain from the
Minister a licence for the purpose.

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Franchises (CAP. 182A 5
(Registration and Control)

(5) An application for a licence under this section-

( a ) must be in writing;

( b ) must, where the applicant is not the owner of
the mark, product, service, technique, device, copyright,
industrial design or invention, that he is using or wishes
to use, be accompanied by a notarised copy of the
franchise;

(c) shall be addressed to the Minister; and

(6) shall be in such form as the Minister
determines.

(6) The Minister shall on receipt of an application under
subsection (2), cause a notice inviting objections to the issue
of a licence to be published in the OffiGial Gazette and one
issue of a local newspaper, and the notice shall state the period
during which the objection may be made.

(7) An objection shall be in such form as the Minister
determines and shall specify the reasons for objection.

4. The Minister shall consider the application together Grant of licence.
with any objections to the issue of a licence in respect of
such application and in so doing may-

(a ) require the applicant and the objector to appear
before him to be interviewed; and

( 6 ) require such other information in writing from
the applicant or the objector as he considers necessary,

and may issue to the applicant on payment by him of the
appropriate fee set out in paragraph 1 of the Schedule a Schedule.
licence under this Act

5. A licence under this Act shall- Conditions of licence.
( a ) be in such form as the Minister determines;

( b ) not, be transferable;

(c) subject to section 10 (2) be valid for a period
not exceeding one year; and

(6) be subject to the conditions specified therein.

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6 CAP. 182A) Franchises
(Registration and Control)

Register of
licence.

6. (1) The Minister shall cause to be kept a register
in which there is recorded-

(a) the name and address of each person to whom
a licence is issued;

(6) the type of business in respect of which such
licence is issued;

(c) the number of the licence;

(d) the address at which the business is conducted.

(2) The register shall at all reasonable times be open
to inspection at the Ministry responsible for trade.

Change of
address to be

7. The holder of a licence shall within fourteen days
notified. of any change of address or of the address at which the

business is being conducted notify the fact of such change
to the Minister who shall cause such change to be effected
in the register.

Business
conducted at 8. Where-
more than one
address. (a ) an applicant for a licence intends to conduct

business at more than one address, he shall inform the
Minister of each address at which the business is to be
conducted; and

(6) the holder of a licence desires to conduct
business at an address additional to that at which he
at present conducts business, he shall apply to the
Minister in writing for permission to do so

and the Minister shall specify the address at which he may
conduct such business.

Duplicate licence. 9. Where a licence under this Act has been lost,
destroyed or defaced the Minister may on application made -
to him and on payment of the fee set out in paragraph 2 5

Schedule. of the Schedule issue a duplicate licence for the unexpired 1
portion of the term for which the original licence was issued. -

Renewal and
surrender of 10. (1) Where a licence issued under this Act has
licence. expired, the Minister may, on application made to him and

on payment of the licence fee set out in paragraph 3 of the A

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Franchises (CAP. 182A 7
(Registration and Control)

: Schedule renew such licence for a period not exceeding one
year.

(2) Notwithstanding anything contained in this Act, the
holder of a licence may at any time surrender such licence
and from the date of such surrender any business in respect
of which such licence was issued shall cease to operate for
the purposes of this Act.

1 . Notwithstanding anything contained in this Act Suspension of
licence.

the Minister may where the holder of a licence-

(a ) has been convicted of a criminal offence in
Antigua and Barbuda;

( b ) has outside of Antigua and Barbuda been con-
victed of an offence which is punishable in Antigua and
Barbuda on indictment;

(c) is deceased, bankrupt or incapable of carrying
on the business in respect of which the licence was issued;
or

(6) has contravened or failed to comply with any
of the provisions of the licence;

suspend or cancel the licence.

12. A decision of the Minister under this Act shall E;f;z';inal
be final.

13. (1) The Minister shall have all powers that are lnSpectors~
necessary and incidental to the proper carrying out of the
provisions of this Act and the regulations and he may assign
such public officers as he thinks fit as inspectors to assist
him in the exercise of such powers.

(2) The powers exercisable by inspectors under this Act
shall be deemed to have been conferred on them by the
Minister.

(3) An inspector under this Act may on production of
authority in writing signed by the Minister enter premises
where a business is being operated on franchise to examine
the licence and the owner or person in charge of the business
shall allow him to examine the licence.

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8 CAP. 182A) Franchises
(Rezistration and Control)

Delegation of
powers.

14. The Minister may, without prejudice to the exer-
cise by him of the powers conferred herein, by order delegate
any of those powers to any person specified in the order.

Recovery of
unpaid fees. 15. Any fees which remain unpaid after the expir-

ation of one month after they become due and payable under
this Act may be recovered as a debt due to the Crown in
civil proceedings before a magistrate.

Offences. 16. (1) Any person who-
( a ) contravenes subsection (I), (2), ( 3 ) , or ( 4 ) of

section 3 , or

( 6 ) uses any mark, product, service, technique,
device, copyright, industrial design or invention that
so nearly resembles a mark, product, service, technique,
device, copyright, industrial design or invention, as to
be likely to mislead the public,

is guilty of an offence and liable on summary conviction to
a fine of fifteen thousand dollars or imprisonment for one
year; and in addition to such fine or imprisonment is liable
to a further fine of one thousand five hundred dollars per
day for every day during which the offence continues after
conviction is first obtained.

(2) Where a body corporate commits an offence under
subsection (1), in addition to the penalties thereunder, every
director of any such body corporate who knew, or could
reasonably be expected to have known, of the contravention
or use is guilty of an offence and is liable on summary
conviction to a fine of fifteen thousand dollars or to imprison-
ment for one year.

(3) Any person who-

( a ) assaults, resists, obstructs or intimidates an
inspector or other authorised person in the performance
of his functions under this Act;

(b ) interferes with or hinders an inspector or other
authorised person in the performance of his functions
under this Act;

(c) by any gratuity, bribe, promise or other induce-
ment prevents or attempts to prevent an inspector or

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Franchises (CAP. 182A 9
(Registration and Control)

other authorised person from performing his functions
under this Act; or

(6) contravenes any provision of this Act for which
no penalty has been provided, or of the regulations,

is guilty of an offence and liable on summary conviction to
a fine of ten thousand dollars.

17. The Minister may by order amend the Schedule. Power to amend
Schedule.

18. The Minister may make regulations for carrying Regulations.
into effect the provisions of this Act.

19. Any expenses incurred in the administration of Expenses.
this Act shall be defrayed out of moneys voted for the pur-
pose by Parliament.

20. For the avoidance of doubt it is declared that other enactments
not affected.

nothing in this Act shall be construed as affecting

( a ) any right conferred upon any person,

( b ) any remedy or other relief available to an
aggrieved person, or

(c ) any obligation or penalty that may be imposed
upon any person,

by or under any enactment relating to copyright, industrial
designs, patents or trade marks, or by or under any rule
of common law.

2 1. The Minister may, by order, exempt any business Exemptions.
from the application of this Act.

SCHEDULE

LICENCE FEES

1. For issue of original licence ................. $10,000.00

2. For issue of duplicate licence ............... 250.00

3. For renewal of licence ........................ 5,000.00