Ch. 517

1996 LAWS OF MARYLAND

14-113.1.

(A)    IN ORDER TO REGISTER A BUSINESS OPPORTUNITY, THE SELLER SHALL
FILE WITH THE COMMISSIONER ONE OF THE FOLLOWING DISCLOSURE DOCUMENTS:

(1)     A UNIFORM FRANCHISE OFFERING CIRCULAR PREPARED IN
ACCORDANCE WITH THE GUIDELINES ADOPTED BY THE NORTH AMERICAN
SECURITIES ADMINISTRATORS ASSOCIATION, INC, AS AMENDED THROUGH
JANUARY 1, 1996;

(2)     A DISCLOSURE DOCUMENT PREPARED IN ACCORDANCE WITH THE
FEDERAL TRADE COMMISSION RULE ENTITLED "DISCLOSURE REQUIREMENTS AND
PROHIBITIONS CONCERNING FRANCHISING AND BUSINESS OPPORTUNITY
VENTURES" UNDER 16 C.F.R. § 436 (1979);

(3)      A DISCLOSURE DOCUMENT PREPARED IN ACCORDANCE WITH §
14-114(B) § 14-114 OF THIS SUBTITLE; OR

(4)     ANY OTHER DOCUMENT THAT THE COMMISSIONER SPECIFIES BY
REGULATION OR ORDER.

(B)     THE SELLER SHALL ATTACH TO THE DISCLOSURE DOCUMENT FILED IN
ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION:

(1)     THE COVER SHEET REQUIRED UNDER § 14-114(B) OF THIS SUBTITLE;

(2)     THE CONSENT TO SERVICE OF PROCESS REQUIRED UNDER
SUBSECTION (C) OF THIS SECTION; AND

(3)     THE FILING FEE REQUIRED UNDER SUBSECTION (D) OF THIS
SECTION.

(C)     (1) EVERY SELLER SHALL FILE, IN A FORM THAT THE COMMISSIONER
REQUIRES, AN IRREVOCABLE CONSENT APPOINTING THE COMMISSIONER AS THE
SELLER'S REGISTERED AGENT IN ANY NONCRIMINAL SUIT, ACTION, OR
PROCEEDING AGAINST THE SELLER OR THE SUCCESSOR OR PERSONAL
REPRESENTATIVE OF THE SELLER THAT ARISES UNDER THIS SUBTITLE.

(2)     AFTER THE CONSENT HAS BEEN FILED, THE CONSENT HAS THE
SAME FORCE AND VALIDITY AS IF SERVED PERSONALLY ON THE PERSON FILING
THE CONSENT.

(3)     SERVICE MAY BE MADE BY DELIVERING A COPY OF THE PROCESS
TO THE OFFICE OF THE COMMISSIONER.

(4)     SERVICE MADE UNDER PARAGRAPH (3) OF THIS SUBSECTION IS NOT
EFFECTIVE UNLESS:

(I) THE PLAINTIFF OR PETITIONER, WHO MAY BE THE
COMMISSIONER, PROMPTLY SENDS NOTICE OF THE SERVICE AND A COPY OF THE
PROCESS BY REGISTERED OR CERTIFIED MAIL TO THE DEFENDANT OR
RESPONDENT, AT THE ADDRESS ON FILE WITH THE COMMISSIONER; AND

- 2996 -