reglab/housing_qa huggingface dataset:
NE Code § 59-1717 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1717 - Seller-assisted marketing plan; sales under certain license; excluded.

59-1717.  Seller-assisted marketing plan; sales under certain license; excluded.A seller-assisted marketing plan shall not include a license granted by a general merchandise retailer which allows the licensee to sell goods, equipment, supplies, products, or services to the general public under the retailer's trademark, trade name, or service mark when the general merchandise retailer has been doing business continuously for five years prior to the granting of the license.Source  Laws 1979, LB 180, § 17.
NE Code § 59-1718 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1718 - Seller-assisted marketing plan; sale or lease to ongoing business enterprises; excluded.

59-1718.  Seller-assisted marketing plan; sale or lease to ongoing business enterprises; excluded.A seller-assisted marketing plan shall not include a sale or lease to an ongoing business enterprise which also sells or leases equipment, products, or supplies or performs services which are not supplied by the seller and which the purchaser does not utilize with the equipment, products, supplies, or services of the seller.Source   Laws 1979, LB 180, § 18;   Laws 1993, LB 218, § 6.
NE Code § 59-1718.01 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1718.01 - Seller-assisted marketing plan; sales under five hundred dollars; exemption from act; conditions.

59-1718.01.  Seller-assisted marketing plan; sales under five hundred dollars; exemption from act; conditions.A seller-assisted marketing plan shall not include the sale of a business opportunity for which the immediate cash payment made by the purchaser does not exceed five hundred dollars and the payment is made for the not-for-profit sale of sales demonstration equipment, material, or samples for use in making sales and not for resale or the payment is made for product inventory sold to the purchaser at a bona fide wholesale price.Source  Laws 1993, LB 218, § 8.
NE Code § 59-1719 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1719 - Seller-assisted marketing plan; sale of an ongoing business; excluded.

59-1719.  Seller-assisted marketing plan; sale of an ongoing business; excluded.A seller-assisted marketing plan shall not include the sale of an ongoing business.Source  Laws 1979, LB 180, § 19.
NE Code § 59-1720 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1720 - Seller-assisted marketing plan; certain sale, lease, or offer; excluded.

59-1720.  Seller-assisted marketing plan; certain sale, lease, or offer; excluded.A seller-assisted marketing plan shall not include a sale, lease, or offer to sell or lease to a purchaser: (1) Who has for a period of at least six months previously bought products, supplies, services, or equipment which were sold under the same trademark or trade name or which were produced by the seller; and (2) who has received on resale of such product, supplies, services, or equipment an amount which is at least equal to the amount of the initial payment.Source  Laws 1979, LB 180, § 20.
NE Code § 59-1721 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1721 - Seller-assisted marketing plan; renewal or extension of existing plan; excluded.

59-1721.  Seller-assisted marketing plan; renewal or extension of existing plan; excluded.A seller-assisted marketing plan shall not include the renewal or extension of an existing seller-assisted marketing plan contract.Source  Laws 1979, LB 180, § 21.
NE Code § 59-1722 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1722 - Transaction involving the sale of a franchise; exempt; exception; conditions; fee.

59-1722.  Transaction involving the sale of a franchise; exempt; exception; conditions; fee.(1) Any transaction involving the sale of a franchise as defined in 16 C.F.R. 436.1(h), as such regulation existed on January 1, 2021, shall be exempt from the Seller-Assisted Marketing Plan Act, except that such transactions shall be subject to subdivision (1)(d) of section 59-1757, those provisions regulating or prescribing the use of the phrase buy-back or secured investment or similar phrases as set forth in sections 59-1726 to 59-1728 and 59-1751, and all sections which provide for their enforcement. The exemption shall only apply if:(a) The franchise is offered and sold in compliance with the requirements of 16 C.F.R. part 436, Disclosure Requirements and Prohibitions Concerning Franchising, as such part existed on January 1, 2021;(b) Before placing any advertisement in a Nebraska-based publication, offering for sale to any prospective purchaser in Nebraska, or making any representations in connection with such offer or sale to any prospective purchaser in Nebraska, the seller files a notice with the Department of Banking and Finance which contains (i) the name, address, and telephone number of the seller and the name under which the seller intends to do business and (ii) a brief description of the plan offered by the seller; and(c) The seller pays a filing fee of one hundred dollars.(2) The department may request a copy of the disclosure document upon receipt of a written complaint or inquiry regarding the seller or upon a reasonable belief that a violation of the Seller-Assisted Marketing Plan Act has occurred or may occur. The seller shall provide such copy within ten business days of receipt of the request.(3) All funds collected by the department under this section shall be remitted to the State Treasurer for credit to the Securities Act Cash Fund.(4) The Director of Banking and Finance may by order deny or revoke an exemption specified in this section with respect to a particular offering of one or more business opportunities if the director finds that such an order is in the public interest or is necessary for the protection of purchasers. An order shall not be entered without appropriate prior notice to all interested parties, an opportunity for hearing, and written findings of fact and conclusions of law. If the public interest or the protection of purchasers so requires, the director may by order summarily deny or revoke an exemption specified in this section pending final determination of any proceedings under this section. An order under this section shall not operate retroactively.Source   Laws 1979, LB 180, § 22;   Laws 1993, LB 218, § 9;  Laws 2001, LB 53, § 108;  Laws 2013, LB214, § 11;  Laws 2020, LB909, § 47;  Laws 2021, LB363, § 29.   Effective Date: March 18, 2021
NE Code § 59-1722.01 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1722.01 - Transaction; sales under five hundred dollars; exemption from act; provisions applicable.

59-1722.01.  Transaction; sales under five hundred dollars; exemption from act; provisions applicable.Any transaction in which the purchaser makes or will become obligated to make a total initial payment of an amount not exceeding five hundred dollars shall be exempt from the Seller-Assisted Marketing Plan Act, except that such transactions shall be subject to section 59-1751, to subdivision (1)(d) of section 59-1757, and to those provisions in the act regulating or prescribing the use of the phrase buy-back or secured investment or similar phrases as set forth in sections 59-1726 to 59-1728.Source Laws 2003, LB 217, § 44.
NE Code § 59-1723 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1723 - Seller-assisted marketing plan; sale, lease, or offer; occurs; when.

59-1723.  Seller-assisted marketing plan; sale, lease, or offer; occurs; when.(1) An offer to sell or offer to lease a seller-assisted marketing plan shall occur in this state whenever:(a) The offer to sell or offer to lease is made in this state;(b) The purchaser resides in this state at the time of the offer; or(c) The offer to sell or offer to lease either originates from this state or is directed by the seller or lessor to this state and received at the place to which it is directed.(2) A sale or lease of a seller-assisted marketing plan shall occur in this state whenever:(a) The offer to sell or offer to lease is accepted in this state;(b) The purchaser resides in this state at the time of the sale; or(c) The acceptance is communicated to a seller situated in this state.Source  Laws 1979, LB 180, § 23.
NE Code § 59-1724 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1724 - Marketing plan; seller; disclosure document; contents; list of sellers; file; update; fees.

59-1724.  Marketing plan; seller; disclosure document; contents; list of sellers; file; update; fees.(1)(a) Before placing any advertisement, making any other solicitation, making any sale, or making any representations to any prospective purchaser in Nebraska, the seller shall file with the Department of Banking and Finance a copy of a disclosure document prepared pursuant to sections 59-1733 to 59-1740 and pay a filing fee of one hundred dollars.(b) The seller shall file an amended document with the department whenever a material change in the information occurs and shall pay a fee of fifty dollars for filing each such document.(c) If the seller continues to solicit seller-assisted marketing plans in Nebraska, he or she shall annually file an updated disclosure document and pay a renewal fee of fifty dollars on or before the anniversary date of the initial filing for the particular seller-assisted marketing plan. In addition to the updated disclosure document, if a seller requires a purchaser to enter into a noncompete agreement in a side agreement or ancillary agreement, the seller shall include a disclosure of the existence of such side agreement or ancillary agreement in the updated disclosure document.(d) In addition to the disclosure document, the seller shall file a list of the names and resident addresses of those individuals who sell the seller-assisted marketing plan on behalf of the seller. The list of sales representatives shall be updated through a new filing every six months. No fee shall be required to be paid for any filing which includes only an updated list of sales representatives.(2) All funds collected by the department under this section shall be remitted to the State Treasurer for credit to the Securities Act Cash Fund.Source   Laws 1979, LB 180, § 24;   Laws 1993, LB 218, § 10;  Laws 2016, LB942, § 1.
NE Code § 59-1725 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1725 - Marketing plan; violations; investigations; director; powers.

59-1725.  Marketing plan; violations; investigations; director; powers.(1)(a) The Director of Banking and Finance in his or her discretion may make such investigations within or without this state as he or she deems necessary to determine whether any person has violated or is about to violate any provision of the Seller-Assisted Marketing Plan Act or any rule, regulation, or order of the director or to aid in the enforcement of the act or in the adoption or promulgation of rules, regulations, and forms under the act. In the discretion of the director, the actual expense of any such investigation may be charged to the person who is the subject of the investigation.(b) The director may publish information concerning any violation of the act or any rule, regulation, or order of the director.(c) For the purpose of any investigation or proceeding under the act, the director or any officer designated by him or her may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry.(2)(a) In case of contumacy by or refusal to obey a subpoena issued to any person, any court of competent jurisdiction, upon application by the director, may issue to that person an order requiring him or her to appear before the director or the officer designated by the director to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Any failure to obey the order of the court may be punished by the court as a contempt of court.(b) The request for order of compliance may be addressed to either (i) the district court of Lancaster County or the district court in the county where service may be obtained on the person refusing to testify or produce if the person is within this state or (ii) the appropriate district court of this state having jurisdiction over the person refusing to testify or produce if the person is outside this state.Source   Laws 1979, LB 180, § 25;   Laws 1983, LB 461, § 2;   Laws 1993, LB 218, § 11.
NE Code § 59-1726 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1726 - Marketing plan; seller; use of certain phrases; prohibited.

59-1726.  Marketing plan; seller; use of certain phrases; prohibited.In selling, leasing, or offering to sell or lease a seller-assisted marketing plan in this state, sellers of such plans shall not:(1) Use the phrase buy-back or secured investment or similar phrase orally or in writing when soliciting, offering, leasing, or selling a seller-assisted marketing plan if the security is the value of the equipment, supplies, products, or services supplied by the seller to the purchaser; or(2) Use the phrase buy-back or secured investment or similar phrase orally or in writing when soliciting, offering, leasing, or selling a seller-assisted marketing plan unless there are no restrictions or qualifications whatsoever preventing or limiting a purchaser from being able to invoke the buy-back or secured portion of the seller-assisted marketing plan contract at any time the purchaser desires during the one-year period following the contract date.Source  Laws 1979, LB 180, § 26.
NE Code § 59-1727 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1727 - Marketing plan; buy-back or security investment provision; invoked; entitlement.

59-1727.  Marketing plan; buy-back or security investment provision; invoked; entitlement.Upon invocation of the buy-back or security investment provision under section 59-1726, the minimum amount a purchaser shall be entitled to have returned to him or her is the full amount of his or her initial payment, less the money actually received by him or her from the operation of the seller-assisted marketing plan. The amount actually received shall be either the amount the purchaser actually obtained from the seller for any product resold to the seller or the amount of money the general public pays for use of the purchaser's product, equipment, supplies, or services, less any amount the purchaser has paid the owner or manager of the location at which the purchaser's products, equipment, supplies, or services are placed.Source  Laws 1979, LB 180, § 27.
NE Code § 59-1728 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1728 - Marketing plan; payment secured; buy-back arrangement; representations; prohibited; exception.

59-1728.  Marketing plan; payment secured; buy-back arrangement; representations; prohibited; exception.In selling, leasing, or offering to sell or lease a seller-assisted marketing plan in this state, sellers of such plans shall not represent that a purchaser's initial payment is secured in any manner or to any degree or that the seller provides a buy-back arrangement unless the seller has, in conformity with section 59-1751, either obtained a surety bond issued by a surety company admitted to do business in this state or established a trust account.Source   Laws 1979, LB 180, § 28;   Laws 1995, LB 599, § 17.
NE Code § 59-1729 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1729 - Marketing plan; earning potential claim; substantiated by data.

59-1729.  Marketing plan; earning potential claim; substantiated by data.In selling, leasing, or offering to sell or lease a seller-assisted marketing plan in this state, sellers of such plans shall not represent that the seller-assisted marketing plan provides income or earning potential of any kind unless the seller has data to substantiate the claims of income or earning potential and discloses this data to the purchaser at the time the claim is made, if made in person, or if made through written or telephonic communication, at the first in-person communication thereafter and, when disclosed, the data is left with the purchaser. A mathematical computation of the number of sales, multiplied by the amount of profit per sale to reach a projected income figure is not sufficient data to substantiate an income or earning potential claim. The data left by the seller must at least disclose:(1) The length of time the seller has been selling the particular seller-assisted marketing plan being offered;(2) The number and percentage such number represents of the total number of purchasers who form the basis for the income or earning potential representation; and(3) The number of purchasers known to the seller to have made at least the same sales, income, or profits as those represented.Source  Laws 1979, LB 180, § 29.
NE Code § 59-1730 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1730 - Marketing plan; advertising; commercial symbol; requirements.

59-1730.  Marketing plan; advertising; commercial symbol; requirements.In selling, leasing, or offering to sell or lease a seller-assisted marketing plan in this state, sellers of such plans shall not use the trademark, service mark, trade name, logotype, advertising, or other commercial symbol of any business which does not either control the ownership interest in the seller or accept responsibility for all representations made by the seller in regard to the seller-assisted marketing plan, unless the nature of the seller's relationship to such other business entity is set forth immediately adjacent to and in type size equal to or larger than that used to depict the commercial symbol of such other business. If a member of a trade association, the seller may use the logo or registration mark of the trade association in advertisements and materials without regard to this section.Source  Laws 1979, LB 180, § 30.
NE Code § 59-1731 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1731 - Marketing plan; advertisement; name and address of seller; required.

59-1731.  Marketing plan; advertisement; name and address of seller; required.In selling, leasing, or offering to sell or lease a seller-assisted marketing plan in this state, sellers of such plans shall not place or cause to be placed any advertisement for a seller-assisted marketing plan which does not include the actual business name of the seller, and if it differs, the name under which the seller-assisted marketing plan is operated and the street address of the principal place of business of the seller.Source  Laws 1979, LB 180, § 31.
NE Code § 59-1732 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1732 - Seller-assisted marketing plan; potential purchaser; seller provide disclosure document.

59-1732.  Seller-assisted marketing plan; potential purchaser; seller provide disclosure document.In the first in-person communication with a potential purchaser or in the first written response to an inquiry by a potential purchaser wherein the seller-assisted marketing plan is described, the seller shall provide the prospective purchaser a written disclosure document which contains the disclosure information required by sections 59-1733 to 59-1740. Such disclosure document shall contain a cover sheet entitled in at least sixteen-point boldface capital letters DISCLOSURE REQUIRED BY NEBRASKA LAW. Under the title shall appear, in boldface of at least ten-point type, the statement: The State of Nebraska has not reviewed and does not approve, recommend, endorse, or sponsor any seller-assisted marketing plan. The information contained in this disclosure has not been checked by the state. If you have any questions about this purchase, see an attorney or other financial advisor before you sign a contract or agreement.Nothing shall appear on the cover sheet except the title and the statement required by this section. A disclosure document prepared pursuant to sections 59-1733 to 59-1740 shall include a statement which either positively or negatively responds to each disclosure item required by sections 59-1733 and 59-1735 by use of a statement which fully incorporates the information required by the item. This disclosure document shall be given to the potential purchaser and held by the potential purchaser for at least forty-eight hours prior to the execution of a seller-assisted marketing contract or at least forty-eight hours prior to the receipt of any consideration.Source   Laws 1979, LB 180, § 32;   Laws 1983, LB 461, § 3;   Laws 1993, LB 218, § 13;   Laws 1995, LB 599, § 18.
NE Code § 59-1735 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1735 - Disclosure document; contents; requirements.

59-1735.  Disclosure document; contents; requirements.The disclosure document required by section 59-1732 shall contain the following:(1) The name of and the office held by the seller's officers, directors, trustees, general or limited partners, and limited liability company members, as the case may be, and the names of those individuals who have management responsibilities in connection with the seller's business activities;(2) A statement whether the seller or any person identified in subdivision (1) of this section:(a) Has been convicted of a felony or misdemeanor or pleaded nolo contendere to a felony or misdemeanor charge if such felony or misdemeanor involved fraud, embezzlement, fraudulent conversion, or misappropriation of property;(b) Has been held liable in a civil action by final judgment or consented to the entry of a stipulated judgment if the civil action alleged fraud, embezzlement, fraudulent conversion, misappropriation of property, the use of untrue or misleading representations in an attempt to sell or dispose of real or personal property, or the use of unfair, unlawful, or deceptive business practices; or(c) Is subject to any currently effective injunction or restrictive order relating to business activity as the result of an action brought by a public agency or department, including, but not limited to, action affecting any vocational license; and(3) With respect to persons identified in subdivision (1) of this section:(a) A description of their work experience for the past five years, including a list of principal occupations and employers during such time. Such five-year period shall run from the date of the disclosure filed with the Department of Banking and Finance; and(b) A listing of each such person's educational background, including the names and addresses of schools attended, dates of attendance, and degrees received.Source   Laws 1979, LB 180, § 35;   Laws 1983, LB 461, § 5;   Laws 1993, LB 218, § 15;   Laws 1993, LB 121, § 380;   Laws 1994, LB 884, § 77;   Laws 1995, LB 599, § 20.
NE Code § 59-1736 (2021)
2021 Nebraska Revised Statutes|Chapter 59 - Monopolies and Unlawful Restraint of Trade|59-1736 - Seller; officers, directors, partners, managers; conviction or judgment; disclosure.

59-1736.  Seller; officers, directors, partners, managers; conviction or judgment; disclosure.The statements required by subdivision (2) of section 59-1735 shall set forth the court, the date of the conviction or of the judgment and, when involved, the name of the governmental agency that brought the action resulting in the conviction or judgment.Source  Laws 1979, LB 180, § 36.