Ohio Revised Code Search

...r and the manufacturer shall purchase from the distributor all of the distributor's inventory of the manufacturer's products and sales aids at the laid-in cost to the distributor including freight and cartage, provided that upon payment therefor the distributor shall transfer to the manufacturer good title to all such property free of liens and encumbrances. (D) If a successor manufacturer acquires all or substantia...

...ement may extend or shorten any of the time deadlines set forth in this section.

...acturer are at all times properly represented in the sales area of the distributor, the reputation and trade name of the manufacturer are protected, and the general public receives adequate servicing of the products or brands of the manufacturer. The distributor shall at all times act in good faith.

...ther relief may be brought only in the common pleas court in the county in which the distributor's principal place of business in this state is located.

...king sales and not for resale; (2) Any time or effort spent in pursuit of sales or recruiting activities. (D) "Ultimate user" means an individual who consumes or uses a product or service, whether or not the individual is a participant in the plan or operation.

... plan, prepare, or operate a pyramid promotional scheme.

...om any participant who has received compensation under either of the following circumstances: (A) For introducing the individual into participation in a pyramid promotional scheme; (B) When another participant has introduced the individual into participation in a pyramid promotional scheme.

...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 restraining order, or a preliminary or permanent injunction shall be granted without bond. The court may impose a penalty of not more tha...

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

...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 1333.81 of the Revised Code is guilty of a misdemeanor of the first degree. (F) Whoever violates division (A)(2) or (B) of section 1333.52 of the Revised Code is gu...

...eement sets forth a specific total sale price for purchase of a business opportunity plan, which is to be paid in one or more installments, "initial payment" means the entire total sale price. "Initial payment" also includes the full amount of any promissory note given by a purchaser, or an affiliated person, to the seller, or an affiliated person, prior to or during the first six months after commencing operat...

...cured in any manner. (i) The length of time the seller has: (i) Offered business opportunity plans; (ii) Offered the specific business opportunity plan which is offered to the purchaser. (j) The number of business opportunity plans sold or leased by the seller, involving the goods or services offered to the purchaser, which: (i) Were operating in this state at the end of the previous year; (ii) Were operating i...

... discloses at least: (a) The length of time the seller has been selling or leasing the specific business opportunity plan offered; (b) The number of purchasers known to the seller to have made at least the same sales, income, or profit, from that business opportunity plan, and the percentage that number bears to the total number of purchasers of that business opportunity plan; (c) The following notice in at least ...

...urety bond shall be issued 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 purcha...

...chaser 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 division (A)(7), (B), or (C) of section 1334.06 of the Revised Code, the purchaser may cancel the agreement any time within twelve months after the day on which the purchaser signs the agreement. (B) Cancellation under this ...

... including the initial payment or the promissory note, additional payments, and down payment required; (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, o...

...s 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 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...

...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 Revised Code; (2) An action...

...he following apply: (1) The purchaser complaining of the act or practice that violated sections 1334.01 to 1334.15 of the Revised Code has brought or maintained an action that is groundless and the purchaser brought or maintained the action in bad faith; (2) The seller or broker committed an act or practice that violates sections 1334.01 to 1334.15 of the Revised Code. (C) Upon receipt by a purchaser of the co...

...ller less the fair market value, at the time of delivery, of any goods supplied by the seller that are not returned to the seller.

...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.

... purchasers conducting business at all times during the five-year period immediately preceding the sale or lease of the business opportunity plan, or has conducted the business which is the subject of the business opportunity plan continuously for not less than five years preceding the sale or lease of the business opportunity plan. (M) The sale or lease of goods or services to a purchaser who has for at least...

.... 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 rule of the federal trade commission, "disclosure requirements 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 transactio...

... 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...