reglab/housing_qa huggingface dataset:
MD. Business Regulation Code Ann. §  14-125 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 1 - Business Opportunities|Section 14-125 - Failure to Deliver Products, Equipment, or Supplies

    (a)    In connection with an offer to sell or sale of a business opportunity, a person may not fail to deliver products, equipment, or supplies necessary to begin substantial operation of the business within 45 days after the delivery date stated in the contract for the sale of the business opportunity.    (b)    This section does not apply if the Commissioner or a court in a civil proceeding finds that the failure is due to the conditions stated in § 2-615 of the Commercial Law Article.
MD. Business Regulation Code Ann. §  14-126 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 1 - Business Opportunities|Section 14-126 - Remedies for Violation

    (a)    (1)    If a seller violates a provision of §§ 14-120 through 14-125 of this subtitle, the buyer, within 1 year after the date of a contract for the sale of a business opportunity:            (i)    may void the contract; and            (ii)    is entitled to receive from the seller a refund of any money paid to the seller.        (2)    On receipt of the refund, the buyer shall make available to the seller any products, equipment, or supplies received from the seller at:            (i)    the buyer’s address; or            (ii)    the place where the products, equipment, or supplies were located when notice to void the contract was given.        (3)    However, the buyer may not be unjustly enriched by exercising a remedy under this subsection.    (b)    A buyer may sue for damages, including reasonable attorney’s fees, if the buyer is injured by:        (1)    a violation of this subtitle; or        (2)    the seller’s breach of a contract for the sale of a business opportunity.    (c)    On complaint that a seller has violated this subtitle, the circuit court may enjoin the seller from further violation.    (d)    The remedies in this section are in addition to any other remedy provided by law or in equity.
MD. Business Regulation Code Ann. §  14-127 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 1 - Business Opportunities|Section 14-127 - False or Misleading Statement or Omission of Material Fact

    (a)    A person who sells a business opportunity may not, in a disclosure statement or amendment to it, willfully make a false or misleading statement of a material fact or willfully omit to state a material fact required or necessary to make the statements in a disclosure statement not misleading.    (b)    A person who violates this section is guilty of a felony and, on conviction, is subject for each violation to a fine not exceeding $10,000 or imprisonment not exceeding 5 years or both.
MD. Business Regulation Code Ann. §  14-128 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 1 - Business Opportunities|Section 14-128 - General Penalty

    A person who violates this subtitle is guilty of a misdemeanor and, unless another criminal penalty is specifically provided elsewhere, on conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
MD. Business Regulation Code Ann. §  14-129 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 1 - Business Opportunities|Section 14-129 - Short Title

    This subtitle is the Maryland Business Opportunity Sales Act.
MD. Business Regulation Code Ann. §  14-202 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-202 - Legislative Policy

    (a)    The General Assembly finds that:        (1)    the widespread sale of franchises has created many investment and business problems; and        (2)    franchisees have suffered substantial losses when the franchisor or its representative has not given complete information about:            (i)    the franchisor-franchisee relationship;            (ii)    the franchise agreement; and            (iii)    the business experience of the franchisor or its representative.    (b)    The intent of this subtitle is to:        (1)    give each prospective franchisee necessary information about any franchise offer;        (2)    prohibit the sale of franchises if the sale would lead to fraud or a likelihood that the franchisor’s representations would not be fulfilled; and        (3)    protect the franchisor-franchisee relationship.
MD. Business Regulation Code Ann. §  14-203 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-203 - Scope of Subtitle

    (a)    This subtitle applies to an offer to sell or sale of a franchise if:        (1)    the franchisee must pay a franchise fee of more than $100; and        (2)    (i)    the offeree or franchisee is a resident of the State;            (ii)    the franchised business will be or is operated in the State;            (iii)    the offer to sell is made in the State; or            (iv)    the offer to buy is accepted in the State.    (b)    (1)    For purposes of this section, an offer to sell is made in the State if the offer:            (i)    originates from the State; or            (ii)    is directed by the offeror to the State and is received at the place to which it is directed.        (2)    For purposes of this section, an offer to sell is not made in the State only because the franchisor circulates or there is circulated on the franchisor’s behalf in the State an advertisement in:            (i)    a newspaper or other publication of general, regular, and paid circulation that has had two-thirds of its circulation outside the State during the past 12 months; or            (ii)    a radio or television broadcast that originates outside the State and is received in the State.        (3)    For purposes of this section, an offer to buy is accepted in the State when acceptance is communicated to the offeror in the State.        (4)    For purposes of this section, acceptance is communicated to the offeror in the State when:            (i)    the offeree directs acceptance to the offeror in the State reasonably believing the offeror to be in the State; and            (ii)    the acceptance is received at the place to which it is directed.    (c)    This subtitle does not apply to the renewal or extension of an existing franchise if there is no interruption in the operation of the franchised business.
MD. Business Regulation Code Ann. §  14-204 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-204 - Subtitle in Addition to Other Law

    The powers, remedies, procedures, and penalties of this subtitle are in addition to and not in limitation of any other powers, remedies, procedures, and penalties provided by law.
MD. Business Regulation Code Ann. §  14-205 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-205 - Delegation

    The Commissioner may delegate any power or duty of the Commissioner under this subtitle.
MD. Business Regulation Code Ann. §  14-206 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-206 - Regulations

    The Commissioner may adopt and enforce regulations to administer and enforce this subtitle.
MD. Business Regulation Code Ann. §  14-207 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-207 - Publication of Information

    (a)    The Commissioner may publish information about violations of this subtitle.    (b)    Under regulations that the Commissioner adopts, the Commissioner may make available to any person any information submitted to the Commissioner.
MD. Business Regulation Code Ann. §  14-208 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-208 - Investigations

    The Commissioner may:         (1)    investigate in or outside the State to:            (i)    determine if a person has violated this subtitle or a regulation adopted or order passed under it;            (ii)    adopt regulations or forms under this subtitle; or            (iii)    enforce this subtitle; and        (2)    require or allow a person to submit a written statement, under oath or otherwise as the Commissioner determines, about the matter being investigated.
MD. Business Regulation Code Ann. §  14-209 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-209 - Interpretive Opinions

    (a)    On request, the Commissioner may issue an interpretive opinion.    (b)    (1)    A request for an interpretive opinion shall be in writing.        (2)    The requester shall pay a fee of $100.
MD. Business Regulation Code Ann. §  14-210 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-210 - Civil Enforcement of Subtitle

    (a)    (1)    Whenever the Commissioner finds that a person has violated or is about to violate this subtitle or a regulation adopted or order passed under it, the Commissioner may order the person to cease and desist from the further offer to sell or sale of the franchise until the offer or sale complies with this subtitle.        (2)    After passage of a cease and desist order, the alleged violator may submit to the Commissioner a written request for a hearing.        (3)    The hearing shall begin:            (i)    within 15 business days after the Commissioner receives the request for a hearing; or            (ii)    at a later date, with the consent of the alleged violator.        (4)    Unless there is a timely hearing, the cease and desist order is rescinded.    (b)    (1)    Whenever the Commissioner finds that a person has violated or is about to violate this subtitle or a regulation adopted or order passed under it, the Commissioner may sue in the circuit court to enjoin the violation or enforce this subtitle or the regulation or order.        (2)    The court shall:            (i)    determine if a violation of this subtitle has been or is about to be committed; and            (ii)    if so, pass any order the court considers necessary to prevent the violation or remove the effects of the violation and prevent it from continuing or being renewed in the future.        (3)    The court may exercise all equitable powers necessary for this purpose, including:            (i)    injunction;            (ii)    revocation, forfeiture, or suspension of the charter authority or privileges of a business organization operating under the laws of the State;            (iii)    dissolution of a corporation or association organized under the laws of the State;            (iv)    suspension or termination of the right of a corporation or association organized under the laws of another state or country to do business in the State;            (v)    restitution;            (vi)    restraining order;            (vii)    award of damages to be paid by a franchisor or subfranchisor to a person injured by a violation of this subtitle; and            (viii)    appointment of a receiver or conservator.        (4)    The court may not require the Commissioner to post bond.    (c)    The Commissioner may not exercise a power under this section more than 3 years after the violation occurs.
MD. Business Regulation Code Ann. §  14-211 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-211 - Criminal Proceedings Authorized

    (a)    (1)    The Commissioner may refer to the State’s Attorney evidence of a criminal violation of this subtitle.        (2)    With or without the referral of evidence, a State’s Attorney may bring appropriate criminal proceedings under this subtitle.    (b)    A criminal proceeding may not be brought more than 3 years after the alleged violation.
MD. Business Regulation Code Ann. §  14-212 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-212 - Miscellaneous Powers

    In connection with an investigation or proceeding under this subtitle, the Commissioner may:         (1)    administer oaths;        (2)    receive evidence; and        (3)    issue subpoenas for the attendance of witnesses to:            (i)    testify; or            (ii)    produce evidence.
MD. Business Regulation Code Ann. §  14-213 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-213 - Privilege Against Self-Incrimination

    (a)    A person is not excused from attending, testifying, or producing evidence before the Commissioner, in a proceeding brought by the Commissioner, or in obedience to a subpoena of the Commissioner on the ground that the testimony or evidence may:        (1)    tend to incriminate the person; or        (2)    subject the person to a penalty or forfeiture.    (b)    (1)    If a person claims the privilege against self-incrimination as to a specific subject, and is then compelled to testify or produce evidence on that subject, the person may not be prosecuted or subjected to a penalty or forfeiture in connection with that subject.        (2)    A person who testifies is not exempt from prosecution and punishment for perjury or contempt committed while testifying.
MD. Business Regulation Code Ann. §  14-214 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-214 - Registration Required; Exemptions

    (a)    Except as otherwise provided in this subtitle, a person must register the offer of a franchise with the Commissioner before the person offers to sell, through advertisement or otherwise, or sells the franchise in the State.    (b)    The registration requirement of this section does not apply to:        (1)    a transaction by an executor, administrator, sheriff, receiver, trustee in bankruptcy, guardian, or conservator;        (2)    an offer to sell or sale of a franchise that is substantially similar to a franchise already owned by the offeree or buyer; and        (3)    any other transaction that the Commissioner exempts by regulation because:            (i)    the transaction is not within the purpose of this subtitle; and            (ii)    the registration of the transaction is not necessary or appropriate in the public interest or for the protection of investors.    (c)    (1)    The registration requirement of this section does not apply to the offer to sell or sale of a franchise by a franchisee for the franchisee’s own account, or the offer to sell or sale of the entire area franchise owned by a subfranchisor for the subfranchisor’s own account.        (2)    A sale is not effected by or through a franchisor merely because a franchisor has a right to approve or disapprove a different franchisee.    (d)    (1)    The Commissioner may require by regulation that a franchisor or subfranchisor who claims under subsection (b)(3) of this section to be exempt from the registration requirements of this section:            (i)    file with the Commissioner a notice of claim of exemption in the form that the Commissioner requires; and            (ii)    pay a fee of $250.        (2)    The franchisor or subfranchisor shall sign and verify the notice of claim of exemption.
MD. Business Regulation Code Ann. §  14-215 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-215 - Applications for Registration

    (a)    Except as otherwise provided in this section, an applicant for registration shall:        (1)    file with the Commissioner:            (i)    an application in the form that the Commissioner requires; and            (ii)    a prospectus for the franchise; and        (2)    pay an application fee of $500.    (b)    Instead of the application for registration and prospectus described in subsection (a) of this section, the Commissioner may accept an application for registration and prospectus that:        (1)    are found by the Commissioner to include disclosure requirements similar to those of this subtitle; and        (2)    are:            (i)    required by a unit of the federal government or another state government; or            (ii)    approved by an association of administrators of state franchise laws.    (c)    The applicant shall sign and verify the application for registration.
MD. Business Regulation Code Ann. §  14-217 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-217 - Escrow Requirements

    (a)    If the Commissioner finds that it is necessary and appropriate for the protection of prospective franchisees or subfranchisors because a franchisor has not made adequate financial arrangements to fulfill the franchisor’s obligations under an offering, the Commissioner may require the franchisor to escrow franchise fees or other money paid by a franchisee or subfranchisor until the obligations have been satisfied.    (b)    (1)    At the option of the franchisor, the franchisor may post an adequate surety bond as provided by regulations of the Commissioner.        (2)    The total liability of the surety under the bond may not exceed the penal sum of the bond.
MD. Business Regulation Code Ann. §  14-218 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-218 - Issuance and Effective Date of Registration

    (a)    The Commissioner shall register an offer of a franchise if it meets the requirements of this subtitle.    (b)    Unless a stop order is in effect, registration of the offer of a franchise automatically takes effect at:        (1)    noon on the 30th business day after an application for registration or the last amendment to it is filed; or        (2)    an earlier time that the Commissioner sets.
MD. Business Regulation Code Ann. §  14-219 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-219 - Term and Renewal of Registration

    (a)    (1)    Unless registration of an offer of a franchise is renewed for a 1-year term as provided in this section, the registration expires on the first anniversary of its effective date.        (2)    However, the Commissioner by regulation or order may set a different term of registration.    (b)    (1)    Before registration expires, the registrant periodically may renew it for an additional 1-year term, if the registrant:            (i)    at least 15 business days before the expiration of registration files with the Commissioner:                1.    a renewal application on the form that the Commissioner provides; and                2.    a prospectus;            (ii)    otherwise is entitled to be registered; and            (iii)    pays a renewal fee of $250.        (2)    The registrant shall sign and verify the renewal application.        (3)    The Commissioner by order may allow a registrant to submit a renewal application after the 15th business day before expiration of the registration.    (c)    The Commissioner shall renew the registration of an offer of a franchise if it meets the requirements of this section.    (d)    Unless a stop order or other order is in effect under this subtitle, renewal of the registration of the offer of a franchise automatically takes effect at:        (1)    noon on the day when the previous registration is due to expire; or        (2)    an earlier time that the Commissioner sets.
MD. Business Regulation Code Ann. §  14-220 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-220 - Amendments to Registration

    (a)    If there is a material change in the information that a registrant previously filed with the Commissioner, the franchisor shall:        (1)    file promptly with the Commissioner an application to amend the registration; and        (2)    pay a fee of $100.    (b)    The registrant shall sign and verify the application to amend the registration.    (c)    The Commissioner by regulation may state:        (1)    what constitutes a material change; and        (2)    the circumstances under which a revised prospectus shall accompany an application to amend the registration.    (d)    If the Commissioner approves the amendment to the registration, the amendment takes effect on the date the Commissioner sets after considering the public interest and the protection of franchisees.
MD. Business Regulation Code Ann. §  14-221 (2021)
2021 Maryland Statutes|Business Regulation|Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies|Subtitle 2 - Franchises|Section 14-221 - Grounds for Issuing Stop Order

    The Commissioner summarily may pass a stop order to deny, suspend, or revoke a registration if the Commissioner finds that:         (1)    there has been a violation of this subtitle or a regulation adopted under it;        (2)    the offer to sell or sale of the franchise would constitute misrepresentation to, deceit of, or fraud on the buyer;        (3)    a person identified in an application has been convicted of an offense or has had a civil judgment entered against the person as described in § 14-216(c)(8) of this subtitle or is subject to an order described in § 14-216(c)(9) of this subtitle, and the involvement of the person in the sale or management of the franchise creates an unreasonable risk to prospective franchisees;        (4)    the prospectus or amendment to it is incomplete or inaccurate in any material respect;        (5)    the prospectus or amendment to it includes a false or misleading statement of a material fact or omits to state a material fact required to be stated in the prospectus or amendment or necessary to make the statements in the prospectus or amendment not misleading;        (6)    in connection with an offer to sell or sale of a franchise, a person in the State is engaging or is about to engage in a false, fraudulent, or deceptive practice or in a device, scheme, or artifice to defraud; or        (7)    the financial condition of the franchisor affects or will affect the ability of the franchisor to meet an obligation under the franchise or other agreement and the franchisor is not able or willing to comply or has failed to comply with a regulation, order, or administrative determination of the Commissioner under § 14-217 of this subtitle.