Ohio Revised Code Search
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Section 1315.54 | Investigations.
...smitter or person engaged in a trade or business has failed to file a report required by section 1315.53 of the Revised Code or has engaged or is engaging in an act, practice, or transaction that constitutes a violation of a provision of sections 1315.51 to 1315.55 of the Revised Code. (B) On request of the attorney general, a money transmitter shall make the money transmitter's books and records available to the ... |
Section 1315.55 | Additional prohibited activities.
...(A)(1) No person shall conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the purpose of committing or furthering the commission of corrupt activity. (2) No person shall conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity... |
Section 1315.99 | Penalty.
...(A) Whoever violates division (A) or (B) of section 1315.28 or division (E)(2) of section 1315.53 of the Revised Code is guilty of a misdemeanor of the first degree. (B) Whoever violates division (F)(1) of section 1315.53 or division (B) of section 1315.54 of the Revised Code is guilty of a felony of the fourth degree. (C) Whoever violates division (A) of section 1315.55 of the Revised Code is guilty of money... |
Section 1334.01 | Business opportunity plan definitions.
...r" 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 a person, other than a seller, who sells or leases, offers for sale or lease, or arranges for the sale or lease of a business opportunity plan for a commission, fee, or anything of value. (D) "Business opportunity plan" means an agreement i... |
Section 1334.02 | Written disclosure document.
... 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 plan, a written disclosure document. (A) The disclosure document shall carry a cover sheet showing only the name of the seller, the date the disclosure statement was prepared... |
Section 1334.03 | Prohibitions.
... 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 possesses data to substantiate the representation and provides the data in writing to the prospective purchaser at least ten business days prior to the execution... |
Section 1334.04 | Seller to establish surety bond or establish trust account.
...ed by a surety company authorized to do business in this state. A trust account shall be established and maintained in this state. (B) Any person claiming against the bond or trust account may maintain an action against the seller and the surety or trustee, except that the surety or trustee shall be liable only for actual damages. The aggregate liability of the surety or trustee to all purchasers shall not exceed th... |
Section 1334.05 | Right to cancel.
... selling or leasing to the purchaser a business opportunity plan, in accordance with the following conditions: (1) If the seller complies with divisions (A)(7), (B), and (C) of section 1334.06 of the Revised Code, the purchaser may cancel the agreement at any time before midnight of the fifth business day after the day on which the purchaser signs the agreement. (2) If the seller has failed to comply with di... |
Section 1334.06 | Written agreements - contents.
...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 are signed. The agreement shall contain at least the following: (1) The terms and conditions of payment including the initial payment or the promissory note, additional payments, a... |
Section 1334.07 | Attorney general investigations.
... resides or has his principal place of business. (C) A person subpoenaed under this section shall comply with the terms of the subpoena, unless the parties agree to modify the terms of the subpoena or unless the court has modified or quashed the subpoena, extended the return day of the subpoena, or issued any other order with respect to the subpoena prior to its return day. If a person fails without lawful excuse ... |
Section 1334.08 | Attorney general actions.
...(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 of the Revised Code, he may bring any of the following actions: (1) An action to obtain a declaratory judgment that the act or practice violates sections 1334.01 to 1334.15 of the... |
Section 1334.09 | Action for rescission and damages.
...(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 to the seller within three years of the date of the agreement and recover all sums paid to the seller, less the fair market value, at the time of delivery, of any goods supplied by... |
Section 1334.10 | Jurisdiction.
...im arising from the sale or lease of a business opportunity plan subject to such sections. (B) A final judgment against a seller or broker under sections 1334.01 to 1334.15 of the Revised Code is admissible as prima-facie evidence of the facts upon which it is based in subsequent proceedings under sections 1334.01 to 1334.15 of the Revised Code against the same seller or broker or their successors or assigns.... |
Section 1334.11 | Defenses.
...n 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 in due course, as defined in section 1303.32 of the Revised Code, any defense that the purchaser may assert against the seller of the business opportunity plan. |
Section 1334.12 | Application of chapter.
...oyer and an employee, or among general business partners; (B) Membership in a bona fide cooperative association of producers of agricultural products authorized by section 1 of the "Capper-Volstead Act," 42 Stat. 388 (1922), 7 U.S.C. 291; or an organization, operated on a cooperative basis by and for independent retailers, which wholesales goods or furnishes services primarily to its member-retailers; (C) An ... |
Section 1334.13 | Certain franchising transactions exempted.
...equirements and prohibitions concerning business opportunities," 16 C.F.R. 437.1 et seq., as may be amended from time to time, that is in effect on the date of the transaction. |
Section 1334.14 | Burden of proof.
...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.
...ly 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 plans by requiring that sellers provide the purchasers with the information necessary to make an intelligent decision about the business opportunity plan being offered,... |
Section 1334.99 | Penalty.
...Whoever violates sections 1334.02 to 1334.06 of the Revised Code is guilty of a misdemeanor of the first degree. |
Section 1354.01 | Definitions.
...As used in this chapter: (A) "Business" means any limited liability company, limited liability partnership, corporation, sole proprietorship, association, state institution of higher education as defined in section 3345.011 of the Revised Code, private college as defined in section 3365.01 of the Revised Code, or other group, however organized and whether operating for profit or not for profit, including a financial... |
Section 1354.02 | Safe harbor requirements.
...(A) A covered entity seeking an affirmative defense under sections 1354.01 to 1354.05 of the Revised Code shall do one of the following: (1) Create, maintain, and comply with a written cybersecurity program that contains administrative, technical, and physical safeguards for the protection of personal information and that reasonably conforms to an industry recognized cybersecurity framework, as described in secti... |
Section 1354.03 | Reasonable conformance.
...A covered entity's cybersecurity program, as described in section 1354.02 of the Revised Code, reasonably conforms to an industry recognized cybersecurity framework for purposes of that section if division (A), (B), or (C) of this section is satisfied. (A)(1) The cybersecurity program reasonably conforms to the current version of any of the following or any combination of the following, subject to divisions (A)(2) a... |
Section 1354.04 | No private right of action.
...Sections 1354.01 to 1354.05 of the Revised Code shall not be construed to provide a private right of action, including a class action, with respect to any act or practice regulated under those sections. |
Section 1354.05 | Severability.
...If any provision of sections 1354.01 to 1354.05 of the Revised Code or the application thereof to a covered entity is for any reason held to be invalid, the remainder of the provisions under those sections and the application of such provisions to other covered entities shall not be thereby affected. |
Section 1746.01 | Business trust definitions.
...s the context otherwise requires: (A) "Business trust" means an unincorporated business association which is created by a trust instrument, pursuant to common law or enabling legislation, under which property is held, managed, administered, controlled, invested, reinvested, and operated, or under which business or professional activities, as permitted by the laws governing any profession, for profit are carried on, ... |