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§ 802. Definitions

Oklahoma Statutes AnnotatedTitle 71. Securities

Oklahoma Statutes Annotated
Title 71. Securities (Refs & Annos)
Chapter 4. Oklahoma Business Opportunity Sales Act
71 Okl.St.Ann. § 802
§ 802. Definitions
Currentness
As used in the Oklahoma Business Opportunity Sales Act, Section 801 et seq. of this title, unless otherwise provided:
1. “Administrator” means the Administrator of the Oklahoma Department of Securities.
2. “Advertising” means any circular, prospectus, advertisement or other material or any communication by radio, television or other electronic transmission, newspapers, magazines, pictures or similar means used in connection with an offer or sale of any business opportunity.
3. a. “Business opportunity” means a contract or agreement, between a seller and purchaser, express or implied, orally or in writing, wherein it is agreed that the seller or a person recommended by the seller shall provide to the purchaser any products, equipment, supplies or services enabling the purchaser to start a business and the seller represents directly or indirectly, orally or in writing, that:
(1) The seller or a person recommended by the seller will provide or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases or other similar devices, on premises neither owned nor leased by the purchaser or seller;
(2) The seller or a person recommended by the seller will provide or assist the purchaser in finding outlets or accounts for the purchaser's products or services;
(3) The seller or a person specified by the seller will purchase any or all products made, produced, fabricated, grown, bred or modified by the purchaser;
(4) The seller guarantees that the purchaser will derive income from the business which exceeds the price paid to the seller;
(5) The seller will refund all or part of the price paid to the seller, or repurchase any of the products, equipment or supplies provided by the seller or a person recommended by the seller, if the purchaser is dissatisfied with the business; or
(6) The seller will provide a marketing plan.
b. “Business opportunity” does not include:
(1) Any offer or sale of an on-going business operated by the seller and to be sold in its entirety;
(2) Any offer or sale of a business opportunity to an on-going business where the seller will provide products, equipment, supplies or services which are substantially similar to the products, equipment, supplies or services sold by the purchaser in connection with the purchaser's on-going business;
(3) Any offer or sale of a business opportunity which involves a marketing plan made in conjunction with the licensing of a federally registered trademark or federally registered service mark provided that the seller has a minimum net worth of One Million Dollars ($1,000,000.00) as determined on the basis of the seller's most recent audited financial statements prepared within thirteen (13) months of an offer or sale in accordance with generally accepted accounting principles and audited in accordance with generally accepted auditing standards. Net worth may be determined on a consolidated basis where the seller is at least eighty percent (80%) owned by one person and that person expressly guarantees the obligation of the seller with regard to the offer or sale of any business opportunity claimed to be excluded under this division; or
(4) Any offer or sale of a business opportunity by an executor, administrator, sheriff, marshal, receiver, trustee in bankruptcy, guardian or conservator or a judicial offer or sale of a business opportunity.
4. “Department” means the Oklahoma Department of Securities.
5. “Franchise” means a contract or agreement between a seller and a purchaser, express or implied, orally or in writing, where it is agreed that:
a. A franchisee is granted the right to engage in the business of offering, selling or distributing goods or services under a marketing plan prescribed in substantial part by a franchisor; and
b. The operation of the franchisee's business pursuant to such a plan is substantially associated with the franchisor's business and trademark, service mark, trade name, logotype, advertising or other commercial symbol designating the franchisor or its affiliate.
For the purposes of this paragraph, “franchisee” shall mean a person to whom a franchise is granted and “franchisor” shall mean a person who grants a franchise.
6. “Marketing plan” means advice or training, provided to the purchaser by the seller or a person recommended by the seller, pertaining to the sale of any products, equipment, supplies or services and the advice or training includes, but is not limited to, preparing or providing:
a. Promotional literature, brochures, pamphlets or advertising materials;
b. Training regarding the promotion, operation or management of the business opportunity; or
c. Operational, managerial, technical or financial guidelines or assistance.
7. “Offer” or “offer to sell” includes every attempt to dispose of a business opportunity for value or solicitation of an offer to purchase a business opportunity.
8. “On-going business” means an existing business that, for at least six (6) months prior to the offer, has been operated from a specific location, has been open for business to the general public and has substantially all of the equipment and supplies necessary for operating the business.
9. “Person” means an individual, corporation, trust, partnership, limited liability company, incorporated or unincorporated association or any other entity.
10. “Purchaser” means a person who enters into a contract or agreement for the acquisition of a business opportunity or a person to whom an offer to sell a business opportunity is directed.
11. “Sale” or “sell” includes every contract or agreement of sale, contract to sell, disposition of a business opportunity or interest in a business opportunity for value.
12. “Seller” means a person who sells or offers to sell a business opportunity or any agent or person who directly or indirectly acts on behalf of such person.

Credits

Laws 1985, c. 157, § 2, eff. Nov. 1, 1985; Laws 1992, c. 169, § 1, eff. Sept. 1, 1992; Laws 1997, c. 279, § 22, eff. July 1, 1997; Laws 1999, c. 109, § 11, eff. July 1, 1999.
71 Okl. St. Ann. § 802, OK ST T. 71 § 802
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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