S.B. 380

VETOES

(ii) a radio or television program that originates outside the State and
is received in the State.

(3)     For purposes of this section, an offer to buy is accepted in the State if
acceptance:

(i) is communicated to the offeror in the State; and

(ii) has not been communicated previously to the offeror, orally or in
writing, outside the State.

(4)     For purposes of this section, acceptance is communicated to the offeror
in the State, whether or not either party is then present in the State, if:

(i) the offeree directs acceptance to the offeror in the State
reasonably believing the offeror to be in the State; and

(ii) the acceptance is received at:

1.       the place to which it is directed; or

2.       a post office in the State.
14-104.

(A) This subtitle does not apply to:

(1)     a sale of an ongoing business if the owner of the business sells and
intends to sell only that one business opportunity;

(2)     a not-for-profit sale, for less than $500, of sales demonstration
equipment, materials, or samples;

(3)     an offer to sell or sale of a franchise registered OR EXEMPT FROM
REGISTRATION under Subtitle 2 of this title;

(4)     an offer to sell or sale of a business if the offer or sale is regulated under
the Maryland Gasohol and Gasoline Products Marketing Act or the federal Petroleum
Marketing Practices Act;

(5)     an offer to sell or sale of a business opportunity with a [sales or]
marketing [program] PLAN made in conjunction with the licensing of a FEDERALLY
registered trademark or service mark[; or], PROVIDED THAT THE SELLER HAS A
MINIMUM NET WORTH OF $1,000,000 AS DETERMINED ON THE BASIS OF THE SELLER'S
MOST RECENT AUDITED FINANCIAL STATEMENT PREPARED WITHIN 13 MONTHS OF
THE FIRST OFFER THAT THE SELLER MAKES IN THE STATE; OR

(6)     AN OFFER TO SELL OR THE SALE OF A BUSINESS OPPORTUNITY FOR
WHICH THE BUYER IS REQUIRED TO PAY THE SELLER OR A PERSON
RECOMMENDED OR REFERRED BY THE SELLER LESS THAN $200 FROM ANY TIME
BEFORE COMMENCING OPERATIONS TO 6 MONTHS AFTER COMMENCING
OPERATION OF THE BUSINESS OPPORTUNITY; OR

[(6)] (7) any other sale or transaction if the Commissioner:

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