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Session Laws, 1996
Volume 794, Page 3001   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 517

IN THE STATE, TOGETHER WITH A STATEMENT OF ANY MATERIAL CHANGES IN THE
FINANCIAL CONDITION OF THE SELLER FROM THE DATE OF THE MOST RECENT
AUDITED FINANCIAL STATEMENT;

(24)    A LIST OF STATES IN WHICH THIS BUSINESS OPPORTUNITY IS
REGISTERED;

(25)    A LIST OF STATES IN WHICH THE DISCLOSURE STATEMENT IS ON
FILE;

(26)    A LIST OF STATES THAT HAVE DENIED, SUSPENDED, OR REVOKED
THE REGISTRATION OF THIS BUSINESS OPPORTUNITY;

(27)    A SECTION ENTITLED "RISK FACTORS" CONTAINING A SERIES OF
CONCISE STATEMENTS SUMMARIZING THE PRINCIPAL FACTORS THAT MAKE THIS
BUSINESS OPPORTUNITY A HIGH RISK OR OF A SPECULATIVE NATURE, EACH
STATEMENT INCLUDING A CROSS-REFERENCE TO THE PAGE ON WHICH FURTHER
INFORMATION REGARDING THAT RISK FACTOR MAY BE FOUND IN THE
DISCLOSURE DOCUMENT; AND

(28)    ANY OTHER INFORMATION THAT THE COMMISSIONER REQUIRES
BY REGULATION OR ORDER.

14-115.

(a)     If a seller guarantees that a buyer will derive from a business opportunity
income that will exceed the price paid for the business opportunity or represents that the
seller will refund all or part of the price paid or repurchase the products, equipment, or
supplies sold or leased by the seller if the buyer is not satisfied with the business
opportunity, the seller shall:

(1)     get a surety bond in favor of the State from a surety company authorized
to do business in the State; or

(2)     establish a trust account in favor of the State with an insured bank or
savings institution in the State.

(b)     The amount of the bond or trust account shall be at least $50,000.

(c)     (1) A person may bring an action against the bond or trust account to
recover damages resulting from:

(i) a violation of this subtitle; or

(ii) the seller's breach of the contract for the sale of a business
opportunity.

(2) The surety or trustee is liable only for actual damages up to the amount
of the bond or trust account.

- 3001 -

 

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Session Laws, 1996
Volume 794, Page 3001   View pdf image
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