{"data":{"id":"us-ky/krs-190.043","jurisdiction":"us-ky","citation":"KRS 190.043","heading":"Refusal of manufacturer or distributor to honor succession.","body":"(1) If a manufacturer or distributor believes that good cause exists for refusing to honor\nthe succession to the ownership of a new motor vehicle dealership by a family\nmember of a deceased or incapacitated owner of a new motor vehicle dealership\nunder the exi sting franchise agreement, the manufacturer or distributor may, not\nmore than sixty (60) days following the receipt of:\n(a) Notice of the designated family member's intent to succeed to the ownership\nof the new motor vehicle dealership; or\n(b) Any personal or financial data which it has requested;\nserve upon the designated family member and the commission, notice of its refusal\nto honor the succession and its intent to discontinue the existing franchise with the\ndealer no sooner than ninety (90) days from the date such notice is served.\n(2) The notice provided in subsection (1) of this section must state the specific grounds\nfor the refusal to honor the succession and of its intent to discontinue the existing\nfranchise with the new motor vehicle dealer no s ooner than ninety (90) days from\nthe date such notice is served.\n(3) If notice of refusal and discontinuance as provided in subsection (1) of this section\nis not timely served upon the family member, the franchise shall continue in effect\nsubject to termination only as otherwise permitted by KRS 190.045.\n(4) In determining whether good cause for the refusal to honor the succession exists,\nthe manufacturer, distributor, factory branch, or importer has the burden of proving\nbefore the commission that the succ essor is a person who is not of good moral\ncharacter or does not meet the franchisor's existing and reasonable standards, and\nconsidering the volume of sales and service of the new motor vehicle dealership, the\nuniformly applied business experience standards in the market area.","path":["KRS Chapter 190"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=6535","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:45Z","sha256":"fda8369011f8ffc25e988e93fb4046e64d7289e977541a63d0ed2751999d548f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-190.042","next":"us-ky/krs-190.045"},"notice":"GroundRules: Original legal text. Not legal advice."}