Current with changes from the 2024 Legislative Session
Section 14-104 - Exclusions(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 marketing plan made in conjunction with the licensing of a federally registered trademark or service mark, 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) any other sale or transaction if the Commissioner:(i) exempts the sale or transaction, by regulation or order, as not being within the purposes of this subtitle; and(ii) finds the registration of the sale or transaction to be unnecessary, inappropriate, not in the public interest, or not for the protection of investors.(b) Net worth may be determined on a consolidated basis if:(1) at least 80% of the seller is owned by one person; and(2) the person that owns at least 80% of the seller expressly guarantees the obligations of the seller with regard to the offer or sale of a business opportunity that the seller seeks to exclude under this paragraph.