2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1334 | Business Opportunity Plans › Section 1334.12 | Application of Chapter.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 196 - 129th General Assembly
Sections 1334.01 to 1334.15 of the Revised Code do not apply to:
(A) The relationship between an employer and an employee, or among general business partners;
(B) Membership in a bona fide cooperative association of producers of agricultural products authorized 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 service for the evaluation, testing, or certification of goods, commodities, or services;
(D) An agreement between a licensor and a single licensee to license a trademark, trade name, service mark, advertising, or other commercial symbol where such license is the only one of its general nature and type to be granted by the licensor with respect to that trademark, trade name, service mark, advertising or other commercial symbol;
(E) The transfer of a registered security, as defined by division (B) of section 1707.01 of the Revised Code;
(F) Any transaction in which either the seller or purchaser is licensed pursuant to and the transaction is governed by Chapter 4735. of the Revised Code;
(G) A publisher, broadcaster, printer, or other person engaged in the dissemination of information or the reproduction of printed or pictorial matter insofar as the information or matter has been disseminated or reproduced on behalf of others without knowledge that it violates sections 1334.01 to 1334.15 of the Revised Code;
(H) A license granted by a general merchandise retailer that allows the licensee to sell goods or services to the general public under the retailer's trademark, trade name, or service mark, advertising, or other commercial symbol if the general merchandise retailer has been doing business in this state continuously for five years prior to the granting of the license and the general merchandise retailer also sells the same goods or services directly to the general public;
(I) The sale of a business which for at least six months previous to the sale has:
(1) Been operated from a given specific location;
(2) Been open for business to the general public;
(3) Had all equipment and supplies necessary for operating the business located at the specific location.
(J) The sale or lease of goods or services to a purchaser who also offers, sells, or distributes other goods or services that are not:
(1) Supplied by the seller or other person enumerated in division (D)(1) of section 1334.01 of the Revised Code; or
(2) Utilized with the goods or services supplied by the seller or other person enumerated in division (D)(1) of section 1334.01 of the Revised Code.
(K) An agreement permitting a person to offer, sell, or distribute goods or services on or about premises occupied by a retailer-grantor primarily for the retailer-grantor's own merchandising activities, where the goods or services are not purchased from the retailer-grantor or persons with whom the lessee is required or advised to do business by the retailer-grantor.
(L) A seller who has both of the following:
(1)(a) A net worth on a consolidated basis, according to its most recent audited financial statement, of not less than fifteen million dollars;
(b) A net worth, according to its most recent audited financial statement, of not less than one million dollars and the seller is at least eighty per cent owned by a corporation which has a net worth on a consolidated basis, according to its most recent audited financial statement, of not less than fifteen million dollars;
(2) Had at least twenty-five 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 six months previously, bought goods or services which were sold under the same trademark or trade name, or which were produced by the seller and received on resale of such goods or services an amount at least equal to the amount of the initial payment or promissory note.
(N) The renewal or extension of an existing business opportunity plan, provided the original agreement was for at least one year.