{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1566.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1566.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1566.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1566.html"}],"law_id":81977,"edition_id":1,"section_id":81977,"structure_id":15134,"section_number":"46.2-1566","catch_line":"Filing of franchises","history":"1988, c. 865, \u00a7 46.1-550.5:24; 1989, c. 727; 1994, c. 537; 1995, cc. 767, 816; 2015, c. 236.","full_text":"A\n\nIt shall be the responsibility of each motor vehicle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof to file with the Commissioner by certified mail a true copy of each new, amended, modified, or different form or addendum offered to more than one dealer which affects the rights, responsibilities, or obligations of the parties of a franchise or sales, service, or sales and service agreement to be offered to a motor vehicle dealer or prospective motor vehicle dealer in the Commonwealth no later than 60 days prior to the date the franchise or sales agreement is offered. In no event shall a new, amended, modified, or different form of franchise or sales, service, or sales and service agreement be offered a motor vehicle dealer in the Commonwealth until the form has been determined by the Commissioner as not containing terms inconsistent with the provisions of this chapter. At the time a filing is made with the Commissioner pursuant to this section, the manufacturer, factory branch, distributor, distributor branch, or subsidiary shall also give written notice together with a copy of the papers so filed to the affected dealer or dealers.B\n\nThe Department shall inform the manufacturer, factory branch, distributor, distributor branch, or subsidiary and the dealer or dealers or other parties named in the agreement of a preliminary recommendation as to the consistency of the agreement with the provisions of this chapter. If any of the parties involved have comments on the preliminary recommendation, they must be submitted to the Commissioner within 30 days of receiving the preliminary recommendation. The Commissioner shall render his decision within 15 days of receiving comments from the parties involved. If the Commissioner does not receive comments within the 30-day time period, he shall make the final determination as to the consistency of the agreement with the provisions of this chapter.C\n\nAny form or addendum that is not filed as required by this section may not be the basis for (i) any reduction in compensation due to a dealer from the franchisor, (ii) any franchisor demand or requirement by which a dealer must abide, or (iii) any penalty or detriment a franchisor imposes or attempts to impose on a motor vehicle dealer. This section shall not apply to any dealer program or dealer incentive that is not inconsistent with any form or addendum already on file by the manufacturer with the state or that expires within 12 months of its start date, or the continuation, renewal, or modification of any dealer program or dealer incentive that was in place as of July 1, 2015. This section shall not apply to any consumer program or consumer incentive, including discount pricing programs.","order_by":null,"text":{"0":{"id":293755,"text":"It shall be the responsibility of each motor vehicle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof to file with the Commissioner by certified mail a true copy of each new, amended, modified, or different form or addendum offered to more than one dealer which affects the rights, responsibilities, or obligations of the parties of a franchise or sales, service, or sales and service agreement to be offered to a motor vehicle dealer or prospective motor vehicle dealer in the Commonwealth no later than 60 days prior to the date the franchise or sales agreement is offered. In no event shall a new, amended, modified, or different form of franchise or sales, service, or sales and service agreement be offered a motor vehicle dealer in the Commonwealth until the form has been determined by the Commissioner as not containing terms inconsistent with the provisions of this chapter. At the time a filing is made with the Commissioner pursuant to this section, the manufacturer, factory branch, distributor, distributor branch, or subsidiary shall also give written notice together with a copy of the papers so filed to the affected dealer or dealers.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":293756,"text":"The Department shall inform the manufacturer, factory branch, distributor, distributor branch, or subsidiary and the dealer or dealers or other parties named in the agreement of a preliminary recommendation as to the consistency of the agreement with the provisions of this chapter. If any of the parties involved have comments on the preliminary recommendation, they must be submitted to the Commissioner within 30 days of receiving the preliminary recommendation. The Commissioner shall render his decision within 15 days of receiving comments from the parties involved. If the Commissioner does not receive comments within the 30-day time period, he shall make the final determination as to the consistency of the agreement with the provisions of this chapter.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":293757,"text":"Any form or addendum that is not filed as required by this section may not be the basis for (i) any reduction in compensation due to a dealer from the franchisor, (ii) any franchisor demand or requirement by which a dealer must abide, or (iii) any penalty or detriment a franchisor imposes or attempts to impose on a motor vehicle dealer. This section shall not apply to any dealer program or dealer incentive that is not inconsistent with any form or addendum already on file by the manufacturer with the state or that expires within 12 months of its start date, or the continuation, renewal, or modification of any dealer program or dealer incentive that was in place as of July 1, 2015. This section shall not apply to any consumer program or consumer incentive, including discount pricing programs.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15134,"edition_id":1,"name":"Franchises","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":13356,"metadata":{},"date_created":"2026-06-26 03:52:26","date_modified":"2026-06-26 03:52:26","permalink":{"id":231519,"object_type":"structure","relational_id":15134,"identifier":"7","token":"46.2\/IV\/15\/7","url":"\/46.2\/IV\/15\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13356,"edition_id":1,"name":"Motor Vehicle Dealers","identifier":"15","label":"chapter","depth":3,"order_by":1,"parent_id":13355,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":231067,"object_type":"structure","relational_id":13356,"identifier":"15","token":"46.2\/IV\/15","url":"\/46.2\/IV\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13355,"edition_id":1,"name":"Dealers and Driver Training Schools","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":231065,"object_type":"structure","relational_id":13355,"identifier":"IV","token":"46.2\/IV","url":"\/46.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81977,"structure_id":15134,"section_number":"46.2-1566","catch_line":"Filing of franchises","url":"\/46.2-1566\/","token":"46.2\/IV\/15\/7\/46.2-1566","metadata":false},{"id":75377,"structure_id":15134,"section_number":"46.2-1567","catch_line":"Exemption of franchises from Retail Franchising Act","url":"\/46.2-1567\/","token":"46.2\/IV\/15\/7\/46.2-1567","metadata":false},{"id":85096,"structure_id":15134,"section_number":"46.2-1568","catch_line":"Coercion of retail dealer by manufacturer or distributor with respect to retail installment sales contracts, extended service contracts or extended maintenance plans, financing, or leasing prohibited; penalty","url":"\/46.2-1568\/","token":"46.2\/IV\/15\/7\/46.2-1568","metadata":false},{"id":74199,"structure_id":15134,"section_number":"46.2-1568.1","catch_line":"Discrimination by manufacturers or distributors prohibited","url":"\/46.2-1568.1\/","token":"46.2\/IV\/15\/7\/46.2-1568.1","metadata":false},{"id":60913,"structure_id":15134,"section_number":"46.2-1569","catch_line":"Other coercion of dealers; transfer, grant, succession to and cancellation of dealer franchises; delivery of vehicles, parts, and accessories","url":"\/46.2-1569\/","token":"46.2\/IV\/15\/7\/46.2-1569","metadata":false},{"id":57658,"structure_id":15134,"section_number":"46.2-1569.1","catch_line":"Manufacturer or distributor right of first refusal","url":"\/46.2-1569.1\/","token":"46.2\/IV\/15\/7\/46.2-1569.1","metadata":false},{"id":85388,"structure_id":15134,"section_number":"46.2-1570","catch_line":"Discontinuation of distributors","url":"\/46.2-1570\/","token":"46.2\/IV\/15\/7\/46.2-1570","metadata":false},{"id":60902,"structure_id":15134,"section_number":"46.2-1571","catch_line":"Recall, warranty, maintenance and sales incentive obligations","url":"\/46.2-1571\/","token":"46.2\/IV\/15\/7\/46.2-1571","metadata":false},{"id":67472,"structure_id":15134,"section_number":"46.2-1572","catch_line":"Operation of dealership by manufacturer","url":"\/46.2-1572\/","token":"46.2\/IV\/15\/7\/46.2-1572","metadata":false},{"id":75339,"structure_id":15134,"section_number":"46.2-1572.1","catch_line":"Ownership of service facilities","url":"\/46.2-1572.1\/","token":"46.2\/IV\/15\/7\/46.2-1572.1","metadata":false},{"id":75995,"structure_id":15134,"section_number":"46.2-1572.2","catch_line":"Mediation of disputes","url":"\/46.2-1572.2\/","token":"46.2\/IV\/15\/7\/46.2-1572.2","metadata":false},{"id":65117,"structure_id":15134,"section_number":"46.2-1572.3","catch_line":"Waiver prohibited","url":"\/46.2-1572.3\/","token":"46.2\/IV\/15\/7\/46.2-1572.3","metadata":false},{"id":74526,"structure_id":15134,"section_number":"46.2-1572.4","catch_line":"Manufacturer or distributor use of performance standards","url":"\/46.2-1572.4\/","token":"46.2\/IV\/15\/7\/46.2-1572.4","metadata":false},{"id":69981,"structure_id":15134,"section_number":"46.2-1573","catch_line":"Hearings and other remedies; civil penalties","url":"\/46.2-1573\/","token":"46.2\/IV\/15\/7\/46.2-1573","metadata":false},{"id":84529,"structure_id":15134,"section_number":"46.2-1573.01","catch_line":"Recovery of attorney's fees","url":"\/46.2-1573.01\/","token":"46.2\/IV\/15\/7\/46.2-1573.01","metadata":false},{"id":67893,"structure_id":15134,"section_number":"46.2-1573.02","catch_line":"Limited right of dealers to sell new motor vehicles following termination of franchise","url":"\/46.2-1573.02\/","token":"46.2\/IV\/15\/7\/46.2-1573.02","metadata":false}],"next_section":{"id":75377,"structure_id":15134,"section_number":"46.2-1567","catch_line":"Exemption of franchises from Retail Franchising Act","url":"\/46.2-1567\/","token":"46.2\/IV\/15\/7\/46.2-1567","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1566\/","history_text":"<p>This law was first created in 1988. The record of its establishment is cataloged in chapter 865 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1989, chapter 727; in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0537\">537<\/a>; in 1995, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0767\">767<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0816\">816<\/a>; in 2015, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0236\">236<\/a>.<\/p>","references":[{"id":84929,"section_number":"46.2-1500","catch_line":"Definitions","order_by":null,"url":"\/46.2-1500\/"},{"id":65454,"section_number":"46.2-1503.4","catch_line":"General powers and duties of Board","order_by":null,"url":"\/46.2-1503.4\/"},{"id":67643,"section_number":"46.2-1504","catch_line":"Board's powers with respect to hearings under this chapter","order_by":null,"url":"\/46.2-1504\/"},{"id":60913,"section_number":"46.2-1569","catch_line":"Other coercion of dealers; transfer, grant, succession to and cancellation of dealer franchises; delivery of vehicles, parts, and accessories","order_by":null,"url":"\/46.2-1569\/"},{"id":70775,"section_number":"46.2-1573.1","catch_line":"Late model and factory repurchase franchises","order_by":null,"url":"\/46.2-1573.1\/"}],"refers_to":false,"permalink":{"id":231521,"object_type":"law","relational_id":81977,"identifier":"46.2-1566","token":"46.2\/IV\/15\/7\/46.2-1566","url":"\/46.2-1566\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1566\/","token":"46.2\/IV\/15\/7\/46.2-1566","dublin_core":{"Title":"Filing of franchises","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1566","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> It shall be the responsibility of each motor vehicle <span class=\"dictionary\">manufacturer<\/span>, <span class=\"dictionary\">factory branch<\/span>, distributor, <span class=\"dictionary\">distributor branch<\/span>, or subsidiary thereof to file with the <span class=\"dictionary\">Commissioner<\/span> by certified mail a true copy of each <span class=\"dictionary\">new<\/span>, amended, modified, or different form or <span class=\"dictionary\">addendum<\/span> offered to more than one dealer which affects the rights, responsibilities, or obligations of the parties of a <span class=\"dictionary\">franchise<\/span> or sales, service, or sales and service agreement to be offered to a <span class=\"dictionary\">motor vehicle dealer<\/span> or prospective <span class=\"dictionary\">motor vehicle dealer<\/span> in the Commonwealth no later than 60 days prior to the date the <span class=\"dictionary\">franchise<\/span> or sales agreement is offered. In no event shall a <span class=\"dictionary\">new<\/span>, amended, modified, or different form of <span class=\"dictionary\">franchise<\/span> or sales, service, or sales and service agreement be offered a <span class=\"dictionary\">motor vehicle dealer<\/span> in the Commonwealth until the form has been determined by the <span class=\"dictionary\">Commissioner<\/span> as not containing terms inconsistent with the provisions of this chapter. At the time a filing is made with the <span class=\"dictionary\">Commissioner<\/span> pursuant to this section, the <span class=\"dictionary\">manufacturer<\/span>, <span class=\"dictionary\">factory branch<\/span>, distributor, <span class=\"dictionary\">distributor branch<\/span>, or subsidiary shall also give written notice together with a copy of the papers so filed to the affected dealer or <span class=\"dictionary\">dealers<\/span>. <a id=\"paragraph-293755\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1566\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">Department<\/span> shall inform the <span class=\"dictionary\">manufacturer<\/span>, <span class=\"dictionary\">factory branch<\/span>, distributor, <span class=\"dictionary\">distributor branch<\/span>, or subsidiary and the dealer or <span class=\"dictionary\">dealers<\/span> or other parties named in the agreement of a preliminary recommendation as to the consistency of the agreement with the provisions of this chapter. If any of the parties involved have comments on the preliminary recommendation, they must be submitted to the <span class=\"dictionary\">Commissioner<\/span> within 30 days of receiving the preliminary recommendation. The <span class=\"dictionary\">Commissioner<\/span> shall render his decision within 15 days of receiving comments from the parties involved. If the <span class=\"dictionary\">Commissioner<\/span> does not receive comments within the 30-day time period, he shall make the final determination as to the consistency of the agreement with the provisions of this chapter. <a id=\"paragraph-293756\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1566\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Any form or <span class=\"dictionary\">addendum<\/span> that is not filed as required by this section may not be the basis for (i) any reduction in compensation due to a dealer from the franchisor, (ii) any franchisor demand or requirement by which a dealer must abide, or (iii) any <span class=\"dictionary\">penalty<\/span> or detriment a franchisor imposes or attempts to impose on a <span class=\"dictionary\">motor vehicle dealer<\/span>. This section shall not apply to any dealer program or dealer incentive that is not inconsistent with any form or <span class=\"dictionary\">addendum<\/span> already on file by the <span class=\"dictionary\">manufacturer<\/span> with the state or that expires within 12 months of its start date, or the continuation, renewal, or modification of any dealer program or dealer incentive that was in place as of July 1, 2015. This section shall not apply to any consumer program or consumer incentive, including discount pricing programs. <a id=\"paragraph-293757\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1566\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nFILING OF FRANCHISES (\u00a7 46.2-1566)\n\nA. It shall be the responsibility of each motor vehicle manufacturer, factory\nbranch, distributor, distributor branch, or subsidiary thereof to file with the\nCommissioner by certified mail a true copy of each new, amended, modified, or\ndifferent form or addendum offered to more than one dealer which affects the\nrights, responsibilities, or obligations of the parties of a franchise or sales,\nservice, or sales and service agreement to be offered to a motor vehicle dealer\nor prospective motor vehicle dealer in the Commonwealth no later than 60 days\nprior to the date the franchise or sales agreement is offered. In no event shall\na new, amended, modified, or different form of franchise or sales, service, or\nsales and service agreement be offered a motor vehicle dealer in the\nCommonwealth until the form has been determined by the Commissioner as not\ncontaining terms inconsistent with the provisions of this chapter. At the time a\nfiling is made with the Commissioner pursuant to this section, the manufacturer,\nfactory branch, distributor, distributor branch, or subsidiary shall also give\nwritten notice together with a copy of the papers so filed to the affected\ndealer or dealers.\n\nB. The Department shall inform the manufacturer, factory branch, distributor,\ndistributor branch, or subsidiary and the dealer or dealers or other parties\nnamed in the agreement of a preliminary recommendation as to the consistency of\nthe agreement with the provisions of this chapter. If any of the parties\ninvolved have comments on the preliminary recommendation, they must be submitted\nto the Commissioner within 30 days of receiving the preliminary recommendation.\nThe Commissioner shall render his decision within 15 days of receiving comments\nfrom the parties involved. If the Commissioner does not receive comments within\nthe 30-day time period, he shall make the final determination as to the\nconsistency of the agreement with the provisions of this chapter.\n\nC. Any form or addendum that is not filed as required by this section may not be\nthe basis for (i) any reduction in compensation due to a dealer from the\nfranchisor, (ii) any franchisor demand or requirement by which a dealer must\nabide, or (iii) any penalty or detriment a franchisor imposes or attempts to\nimpose on a motor vehicle dealer. This section shall not apply to any dealer\nprogram or dealer incentive that is not inconsistent with any form or addendum\nalready on file by the manufacturer with the state or that expires within 12\nmonths of its start date, or the continuation, renewal, or modification of any\ndealer program or dealer incentive that was in place as of July 1, 2015. This\nsection shall not apply to any consumer program or consumer incentive, including\ndiscount pricing programs.\n\nHISTORY: 1988, c. 865, \u00a7 46.1-550.5:24; 1989, c. 727; 1994, c. 537; 1995, cc.\n767, 816; 2015, c. 236.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}