Section 37-25A-40 – Offers to sell not made in this state.
37-25A-40. Offers to sell not made in this state. An offer to sell is not made in this state if: (1)The publisher circulates 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 […]
Section 37-25A-41 – Conduct constituting appointment of director as attorney for service of process.
37-25A-41. Conduct constituting appointment of director as attorney for service of process. If any person engages in conduct prohibited or made actionable by this chapter or any rule or order hereunder, and the person has not filed a consent to service of process and personal jurisdiction over the person cannot otherwise be obtained in this […]
Section 37-25A-42 – Continuances where process served under chapter.
37-25A-42. Continuances where process served under chapter. If process is served under this chapter, the court, or the director of the Division of Insurance in a proceeding before the director, shall order such continuance as necessary to afford the defendant or respondent reasonable opportunity to defend himself. Source: SL 1985, ch 305, §42; SL 2017, […]
Section 37-25A-43 – Fraud, deceit, and misleading statements and omissions prohibited in connection with offer or sale.
37-25A-43. Fraud, deceit, and misleading statements and omissions prohibited in connection with offer or sale. No person, in connection with the offer or sale of any business opportunity in this state, may: (1)Employ any device, scheme, or artifice to defraud; (2)Make any untrue statement of a material fact or to omit to state a material […]
Section 37-25A-44 – False or misleading statements or omissions in proceedings or filings prohibited.
37-25A-44. False or misleading statements or omissions in proceedings or filings prohibited. No person may make or cause to be made, in any document filed with the director of the Division of Insurance or in any proceeding under this chapter, any statement which is, at the time and in the light of the circumstances under […]
Section 37-25A-45 – Filing and registration not constituting finding of truthfulness or approval–Contrary representations prohibited.
37-25A-45. Filing and registration not constituting finding of truthfulness or approval–Contrary representations prohibited. Neither the fact that an application for registration has been filed nor the fact that a business opportunity is effectively registered constitutes a finding by the director of the Division of Insurance that any document filed under this chapter is true, complete […]
Section 37-25A-46 – Advertising with misleading statements or omissions prohibited.
37-25A-46. Advertising with misleading statements or omissions prohibited. No person may, in connection with the offer or sale of any business opportunity in this state, publish, circulate, or use any advertising which contains an untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made, […]
Section 37-25A-47 – Violations as felonies–Separate offenses.
37-25A-47. Violations as felonies–Separate offenses. Any person who willfully violates §§37-25A-7 to 37-25A-9, inclusive, 37-25A-14, 37-25A-16, 37-25A-23, 37-25A-24, 37-25A-43, 37-25A-45, and 37-25A-46 or who willfully violates any order of which the person has notice, or who violates §37-25A-44 knowing that the statement made was false or misleading in any material respect is guilty of a […]
Section 37-25A-48 – Civil liability for registration violations.
37-25A-48. Civil liability for registration violations. Any person who violates §§37-25A-7 to 37-25A-9, inclusive, 37-25A-14, 37-25A-16, 37-25A-23, and 37-25A-24 is liable to the purchaser who may sue either at law or in equity for rescission, for recovery of all money or other valuable consideration paid for the business opportunity and for actual damages, together with […]
Section 37-25A-49 – Civil liability for representation violations.
37-25A-49. Civil liability for representation violations. Any person who violates §§37-25A-43, 37-25A-45, and 37-25A-46 is liable to the purchaser who may sue either at law or in equity for rescission, for recovery of all money or other valuable consideration paid for the business opportunity and for actual damages, together with interest at the legal rate […]