HARRY HUGHES, Governor

2191

(C) (1) FOR THE PURPOSE OF THIS SUBTITLE, AN OFFER TO
BUY OR TO SELL IS ACCEPTED IN THIS STATE IF ACCEPTANCE:

(I)  IS COMMUNICATED TO THE OFFEROR IN THIS
STATE; AND

(II)  HAS NOT BEEN COMMUNICATED PREVIOUSLY
TO THE OFFEROR, ORALLY OR IN WRITING, OUTSIDE THIS STATE.

(2) FOR PURPOSES OF THIS SUBTITLE, ACCEPTANCE IS
COMMUNICATED TO THE OFFEROR IN THIS STATE, WHETHER OR NOT
EITHER PARTY IS THEN PRESENT IN THIS STATE, IF THE OFFEREE
DIRECTS IT TO THE OFFEROR IN THIS STATE REASONABLY BELIEVING
THE OFFEROR TO BE IN THIS STATE AND IT IS RECEIVED AT THE
PLACE TO WHICH IT IS DIRECTED OR, IN THE CASE OF A MAILED
ACCEPTANCE, AT ANY POST OFFICE IN THIS STATE.

(D)  AN OFFER TO SELL OR TO BUY IS NOT MADE IN THIS
STATE IF:

(1)  THE PUBLISHER CIRCULATES OR THERE IS
CIRCULATED ON HIS BEHALF IN THIS STATE ANY BONA FIDE
NEWSPAPER OR OTHER PUBLICATION OF GENERAL, REGULAR, AND PAID
CIRCULATION WHICH IS NOT PUBLISHED IN THIS STATE, OR WHICH
IS PUBLISHED IN THIS STATE BUT HAS HAD MORE THAN TWO-THIRDS
OF ITS CIRCULATION OUTSIDE THIS STATE DURING THE PAST 12
MONTHS; OR

(2)  A RADIO OR TELEVISION PROGRAM ORIGINATING
OUTSIDE THIS STATE IS RECEIVED IN THIS STATE.

404.

THIS SUBTITLE DOES NOT APPLY TO:

(1) THE SALE OF AN ONGOING BUSINESS WITH NO
CONTINUING CONTRACTUAL RELATIONSHIP BETWEEN THE PURCHASER
AND THE SELLER;

(1)  THE SALE OF AN ONGOING BUSINESS WHEN THE
OWNER OF THAT BUSINESS SELLS AND INTENDS TO SELL ONLY THAT
ONE BUSINESS OPPORTUNITY;

(2)  THE NOT-FOR-PROFIT SALE OF SALES
DEMONSTRATION EQUIPMENT, MATERIALS, OR SAMPLES WHICH IS MADE
FOR UNDER $500;

(3)  THE OFFER OR SALE OF A FRANCHISE REGISTERED
PURSUANT TO THE MARYLAND FRANCHISE REGISTRATION AND
DISCLOSURE LAW; OR

(4)  THE OFFER OR SALE OF A BUSINESS, WHICH OFFER
OR SALE IS REGULATED BY THE GASOLINE PRODUCTS MARKETING ACT,
ANNOTATED CODE OF MARYLAND, COMMERCIAL LAW ARTICLE, SUBTITLE
3, OR THE PETROLEUM MARKETING PRACTICES ACT, 15 U.S.C. 2801;
OR