Ohio Revised Code Search

...Any contract made in violation of section 1333.92 of the Revised Code is void. Any individual who has paid consideration for the chance or opportunity to participate in a pyramid promotional scheme may recover, in a civil action, the amount of the consideration paid, together with reasonable attorney fees, from any participant who has received compensation under either of the following circumstances: (A) For intro...

...Code constitutes an unfair or deceptive act or practice in connection with a consumer transaction in violation of section 1345.02 of the Revised Code. (B) The attorney general may do the following: (1) Whenever it appears that a person is violating or about to violate section 1333.92 of the Revised Code, bring an action in the court of common pleas to enjoin the violation. Upon a proper showing, a temporary restrai...

...The remedies in sections 1333.91 to 1333.95 of the Revised Code are in addition to remedies otherwise available.

... (D) A prosecuting attorney may file an action to restrain any person found in violation of section 1333.36 of the Revised Code. Upon the filing of such an action, the common pleas court may receive evidence of such violation and forthwith grant a temporary restraining order as may be prayed for, pending a hearing on the merits of said cause. (E) Whoever violates division (A)(1) of section 1333.52 or section 1...

...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 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 ...

...nitial payment is not refundable, that fact shall be clearly disclosed. (f) The nature of the business opportunity plan offered by the seller, including, but not limited to, a full description of the services, training, and assistance to be provided by the seller. (g) All material terms and conditions of any financing arrangement offered by the seller or an affiliated person to the purchaser, and a statement indica...

...gage in any deceptive or unconscionable act or practice; (C) Make any representation that is inconsistent with the disclosures required by section 1334.02 of the Revised Code and division (A) of this section; (D) Fail to maintain a complete set of books, records, and accounts with respect to each business opportunity plan sold or leased for a period of five years from the date an agreement selling or leasing the bu...

...e 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 the amount of the bond or trust account. (C) A seller shall establish the bond or trust account in an amount of not less than fifty thousand dollars at the commencemen...

...(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 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 ...

...quired; (2) A full description of the acts or services the seller will undertake to perform for the purchaser; (3) The seller's principal business address and the name and address of its agent authorized to receive service of process in this state; (4) The business form of the seller, whether corporate, partnership, or otherwise; (5) The delivery date of the goods the seller is to deliver to the purchaser to ...

...ging, or is threatening to engage in an act or practice that violates sections 1334.01 to 1334.15 of the Revised Code, he may investigate. For this purpose the attorney general may administer oaths, subpoena witnesses, adduce evidence, and require the production of relevant matter. If matter that the attorney general requires to be produced is located outside the state, he may designate representatives, including off...

...ngaging, 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 Revised Code; (2) An action to obtain a temporary restraining order, preliminary injunction, or permanent injunction to restrain the act or ...

...evised 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 the seller that are not returned to the seller; (b) If th...

...y seller or broker with respect to any act or practice covered by sections 1334.01 to 1334.15 of the Revised Code, or with respect to any claim 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 s...

...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 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.

...d 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 agreement for the use of a trademark, service mark, trade name, seal, advertising, or other commercial symbol designating a person who offers a bona fide servic...

...ed Code do not apply to: (A) Any transaction that complies in all material respects with the trade regulation rule of the federal trade commission, "disclosure requirements and prohibitions concerning franchising," 16 C.F.R. 436.1 et seq., as may be amended from time to time, that is in effect on the date of the transaction; (B) Any transaction that complies in all material respects with the trade regulation ...

...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.

...(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 plans by requiring that sellers provide the purchasers with the information necessary to make an intelligent decision about the business opportunit...

...Whoever violates sections 1334.02 to 1334.06 of the Revised Code is guilty of a misdemeanor of the first degree.

... party to a loan agreement may bring an action on a loan agreement unless the agreement is in writing and is signed by the party against whom the action is brought or by the authorized representative of the party against whom the action is brought. However, a loan agreement need not be signed by an officer or other authorized representative of a financial institution, if the loan agreement is in the form of a promiss...

... lawfully authorized, by writing, or by act and operation of law.

...No action shall be brought whereby to charge the defendant, upon a special promise, to answer for the debt, default, or miscarriage of another person; nor to charge an executor or administrator upon a special promise to answer damages out of his own estate; nor to charge a person upon an agreement made upon consideration of marriage, or upon a contract or sale of lands, tenements, or hereditaments, or interest in or ...

...he following: (i) The business of manufacturing, producing, importing, or distributing one or more products for sale to customers who purchase products for resale or for consumption or utilization in the manufacturing process; (ii) The business of providing services to customers. (b) Utilizes one or more sales representatives to solicit orders for those products or orders for those services; (c) Compensates the s...

...As used in this chapter: (A) "Affiliate" means any of the following: (1) A person who directly or indirectly owns, controls, or holds with power to vote, twenty per cent or more of the outstanding voting securities of the debtor, other than a person who holds the securities in either of the following manners: (a) As a fiduciary or agent without sole discretionary power to vote the securities; (b) Solely to secure...