Preamble
This bill revises and expands Bill 5-3, defining procedures for applications for franchulates, criteria for acceptance, and providing citizenship for the franchulate owners. This bill does not provide for franchulate applications directly by groups as citizenship is granted on an individual basis. This bill, however, doesn’t exclude the possibility that the members of a group join the CDS by each applying individually for franchulates, and – after the processes completed – joining their lands under the Group Ownership Act.
A. Definition
- Franchulates are parcels of mainland land held by an individual that become territories administered by the codes, constitution and TOS of the CDS.
B. Conditions
- In order to establish a franchulate, ownership of the parcel will be transferred to the Estate Owner of the CDS. The former parcel owner become leaser of CDS territory land, for which they will pay a monthly fee, before the 21st of each month.
- The monthly fee will be assessed using one of two options depending on which best serves the CDS and the franchulate:
- A mainland global franchulate m2 rate;
- A LL tier proportion rate
- The same rate will be applied to all franchulate parcels.
- The rate calculation is determined by the Executive branch of CDS, then being subjected to approval by the RA.
- The rate can be changed only when it serves the interests of the CDS and of the franchulate holders. Any change will take effect on the following month. The Executive branch is required to inform the public about any changes to the rate, as well of the current rate at any time.
- The Executive Branch of the CDS can delay a franchulate application till when/if the Estate Owner’s tier allowance allows a mutually beneficial arrangement.
- The RA can determine, through a bill to the effect, that all applicants to a franchulate process deposit an escrow in the Bank of the CDS, the value of which shall be rated per m2 and determined in the same bill.
- The covenants valid on the private islands of the CDS do not apply to the franchulate parcels, and therefore no previous building or structure present shall be deleted.
C. Applicability
- An individual who wishes to establish a franchulate on their mainland parcels must apply to the Executive branch of the CDS for applicability.
- In this application, the holder of the parcel or parcels must declare: the total area to be franchulated, the group to which it will be assigned, and the charter of the group.
- Applicability is defined doubly:
- Area criteria: The total area of a franchulate parcel or parcels must not be inferior to the basic unit of land for citizenship in the CDS islands.
- Compliance criteria: the charter of the group must comply to the codes, Constitution and ToS of the CDS.
- The Executive branch will evaluate each application within 30 days according to the criteria stated above.
- The decision of the executive may be reversed by the RA if there are doubts about the applicant’s ability to fulfill the requirements. The applicant can appeal any rejection to the courts or the Scientific Council depending on the reasons for rejection.
D. Franchulate Process
- Upon clearance of applicability, the holder of the parcel will deposit an escrow in the bank of the CDS, if the RA has established an escrow requirement.
- A Franchise License will be notarised with the Notary of the CDS, and this License must contain: identification of the parcel and of the holder, identification of the group to which it is set to, and the charter of that group. Any modifications to the charter or to the group to which the franchulate is set must be approved.
- The Estate Owner of the CDS, by request of the Executive branch, will proceed to buy the franchulate parcel from its holders and manage it according to current CDS rules.
E. Citizenship, Rights and Duties
- The joining of a mainland parcel to the CDS under the Franchulate process mandates, from its holder, the acceptance, validity and upholding of the laws, constitution and TOS of the CDS in the parcels.
- All rights and duties of citizenship apply to the citizens holders of franchulates, and no distinction shall be made by the CDS between them and citizens residing in the private islands in the CDS territory.
- For electoral processes, the citizens holding any franchulate parcel will have the electoral address set in that parcel. If more than one distinct parcel franchulate by same citizen, they must notarise their choice of electoral address in the corresponding Franchise License.
passed 12 September 2006
amended 14 October 2006
