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Home » US Law » 2022 Ohio Revised Code » Title 13 | Commercial Transactions » Chapter 1334 | Business Opportunity Plans

Section 1334.01 | Business Opportunity Plan Definitions.

Effective: September 28, 2012 Latest Legislation: Senate Bill 196 – 129th General Assembly As used in sections 1334.01 to 1334.15 of the Revised Code: (A) “Seller” means a person who sells or leases a business opportunity plan. (B) “Purchaser” means a person to whom a business opportunity plan is sold or leased. (C) “Broker” means […]

Section 1334.02 | Written Disclosure Document.

Effective: September 10, 1991 Latest Legislation: House Bill 151 – 119th General Assembly In connection with the sale or lease of a business opportunity plan, no seller or broker shall fail to provide to a prospective purchaser, at least ten business days prior to the execution of an agreement selling or leasing a business opportunity […]

Section 1334.03 | Prohibitions.

Effective: September 10, 1991 Latest Legislation: House Bill 151 – 119th General Assembly In connection with the sale or lease of a business opportunity plan, no seller or broker shall: (A) Make any oral, written, or visual representation to a prospective purchaser concerning potential sales, income, or gross or net profit, unless: (1) The seller […]

Section 1334.04 | Seller to Establish Surety Bond or Establish Trust Account.

Effective: September 10, 1991 Latest Legislation: House Bill 151 – 119th General Assembly (A) If, pursuant to division (H) of section 1334.03 of the Revised Code, a seller is required to obtain a surety bond or establish a trust account, the bond or trust account required shall be in favor of the state for the […]

Section 1334.05 | Right to Cancel.

Effective: September 28, 2012 Latest Legislation: Senate Bill 196 – 129th General Assembly (A) In addition to any other right or remedy available to a purchaser under sections 1334.01 to 1334.15 of the Revised Code, a purchaser has the right to cancel an agreement selling or leasing to the purchaser a business opportunity plan, in […]

Section 1334.06 | Written Agreements – Contents.

Effective: September 28, 2012 Latest Legislation: Senate Bill 196 – 129th General Assembly (A) Every agreement selling or leasing a business opportunity plan shall be in writing and a copy of the executed agreement and all other documents the seller requires the purchaser to sign shall be given to the purchaser at the time they […]

Section 1334.07 | Attorney General Investigations.

Effective: October 25, 1979 Latest Legislation: Senate Bill 37 – 113th General Assembly If by his own inquiries, or as a result of complaints, the attorney general has reasonable cause to believe that a seller or broker has engaged, is engaging, or is threatening to engage in an act or practice that violates sections 1334.01 […]

Section 1334.08 | Attorney General Actions.

Effective: October 25, 1979 Latest Legislation: Senate Bill 37 – 113th General Assembly (A) If the attorney general, by his own inquiries or as a result of complaints has reasonable cause to believe that a person has engaged, is engaging, or threatening to engage in an act or practice that violates sections 1334.01 to 1334.15 […]

Section 1334.09 | Action for Rescission and Damages.

Effective: September 28, 2012 Latest Legislation: Senate Bill 196 – 129th General Assembly (A) For a violation of sections 1334.01 to 1334.15 of the Revised Code, a purchaser has a cause of action and may seek either or both of the following: (1) In an individual action: (a) Rescind the agreement by giving written notice […]

Section 1334.10 | Jurisdiction.

Effective: September 28, 2012 Latest Legislation: Senate Bill 196 – 129th General Assembly (A) The courts of common pleas, and municipal or county courts within their respective monetary jurisdiction, have jurisdiction over any seller or broker with respect to any act or practice covered by sections 1334.01 to 1334.15 of the Revised Code, or with […]

Section 1334.11 | Defenses.

Effective: August 19, 1994 Latest Legislation: Senate Bill 147 – 120th General Assembly Notwithstanding section 1303.35 of the Revised Code, a purchaser who executes an agreement selling or leasing to him a business opportunity plan or a note in connection with such an agreement may assert as a defense to a claim by a holder […]

Section 1334.12 | Application of Chapter.

Effective: September 28, 2012 Latest Legislation: Senate Bill 196 – 129th General Assembly Sections 1334.01 to 1334.15 of the Revised Code do not apply to: (A) The relationship between an employer and an employee, or among general business partners; (B) Membership in a bona fide cooperative association of producers of agricultural products authorized by section […]

Section 1334.13 | Certain Franchising Transactions Exempted.

Effective: September 28, 2012 Latest Legislation: Senate Bill 196 – 129th General Assembly Except for division (H) of section 1334.03 and section 1334.04 of the Revised Code, sections 1334.01 to 1334.15 of the Revised Code do not apply to: (A) Any transaction that complies in all material respects with the trade regulation rule of the […]

Section 1334.14 | Burden of Proof.

Effective: October 25, 1979 Latest Legislation: Senate Bill 37 – 113th General Assembly In any case arising under section 1334.08 or 1334.09 of the Revised Code, the burden of proving an exemption or exception from section 1334.12 or 1334.13 of the Revised Code is upon the person who claims the exemption or exception.

Section 1334.15 | Legislative Intent; Remedies; Waiver.

Effective: September 28, 2012 Latest Legislation: Senate Bill 196 – 129th General Assembly (A) The general assembly declares that the offer and sale of business opportunity plans is a matter affected with a public interest. The general assembly further declares that it is the intent of this chapter to protect prospective purchasers of business opportunity […]

Section 1334.99 | Penalty.

Effective: July 1, 1996 Latest Legislation: Senate Bill 2 – 121st General Assembly Whoever violates sections 1334.02 to 1334.06 of the Revised Code is guilty of a misdemeanor of the first degree.