Section 45.66.220. Exemptions.

This chapter does not apply to a sale of or an offer to sell
        (1) a business opportunity if the total amount of the payments to be made by the buyer under the contract is less than $250;
        (2) a franchise under 16 C.F.R. 436;
        (3) an ongoing business operated by the seller that is to be sold in its entirety;
        (4) a business opportunity to an ongoing business if the seller will provide products, equipment, supplies, or services that are to be sold by the buyer in connection with the buyer's ongoing business;
        (5) sales demonstration equipment, materials, or samples for use in sales demonstrations and not for resale, or product inventory sold to the buyer at a bona fide wholesale price;
        (6) a business opportunity by an executor, an administrator, a marshal, a receiver, a trustee in bankruptcy, or a guardian or conservator, or under a judicial sale;
        (7) a security registered under AS 45.55 or a security that is exempted by AS 45.55.900 from registration under AS 45.55;
        (8) a business opportunity if the sale or offer is made by a person registered with the United States Securities and Exchange Commission when acting within the scope of the person's Securities and Exchange Commission license or by a person registered by the state under AS 45.55 when acting within the scope of registration;
        (9) a business opportunity by an issuer or a subsidiary of an issuer of a class of securities that is
             (A) subject to 15 U.S.C. 78a - 78lll (Securities Exchange Act of 1934); and
             (B) registered under 15 U.S.C. 78a - 78lll (Securities Exchange Act of 1934) unless exempt from registration under 15 U.S.C. 78l(g)(2)(A) - (C) or (E) - (H);
        (10) a business opportunity in which the buyer is
             (A) a bank, savings and loan association, trust company, insurance company, credit union, or investment company under 15 U.S.C. 80a-1 - 80a-64 (Investment Company Act of 1940), pension or profit sharing trust, or other financial institution or institutional buyer; or
             (B) a broker-dealer registered under AS 45.55;
        (11) a business opportunity that involves a marketing plan made in conjunction with the registration of a trademark or service mark under 15 U.S.C. 1051 - 1127 (Trademark Act of 1946) if 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 to sell in this state; net worth may be determined on a consolidated basis if one person owns at least 80 percent of the seller and that one person expressly guarantees the obligations of the seller that arise under the sale or offer claimed to be exempt under this paragraph; or
        (12) a business opportunity in which either the seller or the buyer is licensed as a real estate broker, associate real estate broker, or real estate salesperson under AS 08.88 and the sale or offer is regulated by AS 08.88.

Authorities

45.66.160

Notes

Recent Bills that will modify this

HB 194 AK SECURITIES ACT; PENALTIES; CRT. RULES
SB 108 AK SECURITIES ACT; PENALTIES; CRT. RULES

References

AS 45.66.160 Unwarranted conclusions.

History

(Sec. 3 ch 128 SLA 2002)