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Session Laws, 1996
Volume 794, Page 3999   View pdf image
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PARRIS N. GLENDENING, Governor                            S.B. 380

[(e)](F) "Seller" means a person who sells or leases products, equipment,
supplies, or services in connection with a business opportunity.

14-102.

The General Assembly finds that:

(1)     the sale of business opportunities is a field in which investment problems
and deceptive practices are common; and

(2)     this subtitle is needed to regulate this field adequately and prevent these
deceptive practices.

14-103.

(a)     This subtitle applies to an offer to sell or sale of a business opportunity if:

(1)     [the buyer must:

(i) pay an initial consideration of at least $200; or

(ii) pay to the seller a fee of at least $200 for a sales or marketing
program; and

(2)     (i)] the offeree or buyer is a resident of the State;

[(ii)] (2) the business opportunity will be or is operated in the State;
[(iii)] (3) the offer to sell is made in the State; or
[(iv)] (4) the offer to buy is accepted in the State.

(b)     (1) For purposes of this section, an offer to sell is made in the State,
whether or not either party is then present in the State, if the offer:

(i) originates from the State; or

(ii) is directed by the offeror to the State and is received at:

1.       the place to which it is directed; or

2.       a post office in the State.

(2) For purposes of this section, an offer to sell is not made in the State only
because the publisher circulates or there is circulated on the publisher's behalf in the
State:

(i) a newspaper or other publication of general, regular, and paid
circulation that:

1.       is not published in the State; or

2.       is published in the State but has had more than two-thirds of
its circulation outside the State during the past 12 months; or

- 3999 -

 

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Session Laws, 1996
Volume 794, Page 3999   View pdf image
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