Nebraska Revised Statute 76-2105

Chapter 76 Section 2105

76-2105.

Application for registration; contents; amendment; registration; effect; renewal.

(1) Filing fees as prescribed in section 76-2109 shall accompany the application for registration, the renewal of a registration, or any amendment of a registration of membership camping contracts.

(2) The application for registration shall be filed with the commission and shall include all of the following:

(a) The membership camping operator's name and the address of its principal place of business, the form of its organization, the date of organization, the jurisdiction of its organization, and the name and address of each of its offices in this state;

(b) A copy of the membership camping operator's articles of incorporation, partnership agreement, articles of organization, or joint-venture agreement as contemplated or currently in effect;

(c) The name, address, and principal occupation for the past five years of the membership camping operator and of each controlling person of the membership camping operator and the extent of each such person's interest in the membership camping operator as of a specified date within thirty days prior to the filing of the application;

(d) A list of affiliates of the membership camping operator, including the names and addresses of officers and directors;

(e) A legal description of each campground owned or operated by the membership camping operator which is represented to be available for use by purchasers and a statement identifying the existing amenities at each campground and the planned amenities represented as to be available for use by purchasers in the future at each campground. If future amenities are represented, the statement shall include the estimated cost and schedule for completion of those amenities;

(f) A description of the membership camping operator's ownership of or other right to use the campground properties or facilities represented to be available for use by purchasers, together with a brief description of any material encumbrance, the duration of any lease, real estate contract, license, franchise, reciprocal agreement, or other agreement entitling the membership camping operator to use the property, and any material provisions of the agreements which restrict a purchaser's use of the property;

(g) If a blanket encumbrance materially adversely affects a campground, a legal description of the encumbrance and a description of the steps taken to protect purchasers in accordance with section 76-2116 in case of failure to discharge the encumbrance;

(h) A description of all payments of a purchaser under a membership camping contract, including initial fees and any additional fees, charges, or assessments, together with any provision for changing the payments;

(i) A description of any restraints on the transfer of membership camping contracts, including a complete description of any resale agreement or policy;

(j) A description of the policies relating to the availability of campsites and whether reservations are required;

(k) A description of any grounds for forfeiture of a purchaser's membership camping contract;

(l) A sample copy of each membership camping contract to be offered or sold in this state and the purchase price of each type and, if the price varies, the reason for the variance;

(m) A sample copy of each instrument which a purchaser will be required to execute, and a copy of the disclosure statement required by section 76-2110;

(n) A statement of the total number of membership camping contracts for each campground intended to be sold in this state and the method used to determine the number, including a statement of commitment that the number will not be exceeded unless good cause is shown to the commission and subsequent approval is granted by the commission;

(o) A summary or copy of the articles, bylaws, rules, regulations, restrictions, or covenants regulating the purchaser's use of each campground and the facilities located on each property, including a statement of whether and how the articles, bylaws, rules, regulations, restrictions, or covenants may be changed;

(p) A description of any reciprocal agreement allowing purchasers to use campsites, facilities, or other properties owned or operated by any person other than the membership camping operator with whom the purchaser has entered into a membership camping contract; and

(q) Financial statements of the membership camping operator in a form acceptable to the commission and prepared in accordance with generally accepted accounting principles, which statements shall include a financial statement for the most recent fiscal year and a financial statement for the most recent fiscal quarter. The commission may require an audited financial statement if the commission is not satisfied with the reliability of the submitted statement and the ability of the membership camping operator to meet future commitments.

(3) The application shall be signed by the membership camping operator, by an officer or a general partner of the membership camping operator, or by another person holding a power of attorney for such purpose from the membership camping operator. If the application is signed pursuant to a power of attorney, a copy of the power of attorney shall be included with the application.

(4) An application for registration shall be amended within twenty-five days of any material change in the information included in the application. A material change shall include, but not be limited to, any change which significantly reduces or terminates either the applicant's or the purchaser's right to use the campground or any of the facilities described in the membership camping contract but shall not include minor changes covering the use of the campground, its facilities, or the reciprocal program.

(5) The registration of the membership camping operator shall be renewed annually by filing an application for renewal with the required fee prescribed in section 76-2109 not later than thirty days prior to the anniversary of the current registration. The application shall include all changes which have occurred in the information included in the application previously filed.

(6) Registration with the commission shall not constitute approval or endorsement by the commission of the membership camping operator, the membership camping contract, or the campground, and any attempt by the membership camping operator to indicate that registration constitutes such approval or endorsement shall be unlawful.

Source

  • Laws 1990, LB 656, § 5;
  • Laws 1993, LB 121, § 488.