Sale or transfer of business assets or ownership.

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  • (1) Without the prior written approval of a sale or transfer by the supplier:
    • (a) a wholesaler may not sell or transfer its business, or any portion of its business, including the distributorship agreement, to a successor in interest; and
    • (b) the owner of an interest in a wholesaler may not sell or transfer all or part of the owner's interest in the wholesaler to a successor in interest.
  • (2) A supplier may not unreasonably withhold or delay its approval of a sale or transfer, including the wholesaler's rights and obligations under the terms of the distributorship agreement, if the person to be substituted meets reasonable standards that are imposed:
    • (a) by the supplier pursuant to the distributorship agreement; and
    • (b) on other wholesalers of that supplier of the same general class, taking into account the size and location of the sales territory and market to be served.
  • (3) Notwithstanding Subsection (1), a wholesaler may not violate Subsection 32B-13-301(8).




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