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Ch. 771
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3120
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LAWS OF MARYLAND
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BUSINESS OR TO CONTINUE THE BUSINESS UNDER THE FRANCHISE
AGREEMENT;
(8) THE PURCHASE OR LEASE, AT THE FAIR
MARKET VALUE, OF REAL PROPERTY, OR AGREEMENT TO PURCHASE
OR LEASE REAL PROPERTY, NECESSARY TO ENTER INTO THE
BUSINESS OR TO CONTINUE THE BUSINESS UNDER THE FRANCHISE
AGREEMENT;
(9) AMOUNTS PAID FOR THE PURCHASE OF SALES
DEMONSTRATION MATERIAL AND EQUIPMENT, SOLE AT NO PROFIT
BY THE SELLER, WHICH ARE FOR USE IN MAKING A SALE AND NOT
INTENDED FOR RESALE.
(K) "PERSON" MEANS AN INDIVIDUAL, CORPORATION,
PARTNERSHIP, JOINT VENTURE, ASSOCIATION, JOINT STOCK
COMPANY, TRUST OR UNINCORPORATED ORGANIZATION.
(L) "SALE" OR "SELL" MEANS EVERY CONTRACT OR
AGREEMENT OF SALE OF, CONTRACT TO SELL, OR DISPOSITION
OF, A FRANCHISE OR INTEREST IN A FRANCHISE FOR VALUE.
(M) "OFFER" OR "OFFER TO SELL" INCLUDES EVERY
ATTEMPT TO OFFER TO DISPOSE OF, OR SOLICITATION OF AN
OFFER TO BUY, A FRANCHISE OR INTEREST IN A FRANCHISE FOR
VALUE, BUT DOES NOT INCLUDE THE RENEWAL OF EXTENSION OF
AN EXISTING FRANCHISE IF THERE IS NO INTERRUPTION IN THE
OPERATION OF THE FRANCHISED BUSINESS BY THE FRANCHISEE.
(1) AN OFFER TO SELL IS NOT MADE IN THIS
STATE BECAUSE THE FRANCHISOR CIRCULATES OR THERE IS
CIRCULATED ON HIS BEHALF IN MARYLAND AN ADVERTISEMENT IN
(I) A BONA FIDE NEWSPAPER OR OTHER PUBLICATION OF
GENERAL, REGULAR AND PAID CIRCULATION WHICH HAS HAD
TWO-THIRDS OF ITS CIRCULATION OUTSIDE THIS STATE DURING
THE PAST 12 MONTHS; AND (II) A RADIO OR TELEVISION
BROADCAST ORIGINATING OUTSIDE THIS STATE WHICH IS
RECEIVED IN MARYLAND.
(2) THIS SUBTITLE APPLIES TO AN OFFER OR A
FRANCHISE IF;
(I) THE OFFEREE OR FRANCHISEE IS A
MARYLAND RESIDENT; OR
(II) THE FRANCHISED BUSINESS
CONTEMPLATED BY THE OFFER OR FRANCHISE WILL BE OR IS
OPERATED IN MARYLAND.
(N) "PUBLISH" MEANS, PUBLICITY TO ISSUE OR
CIRCULATE BY NEWSPAPER, MAIL, RADIO, OR TELEVISION, OR
OTHERWISE TO DISSEMINATE TO OR PLACE BEFORE THE PUBLIC.
324.
(A) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT
THE WIDESPREAD SALE OF FRANCHISES AND DISTRIBUTORSHIPS IS
A RELATIVELY NEW FORM OF BUSINESS WHICH HAS CREATED
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