Business Opportunity Sales Act
Virginia · 59.1 · §§ 59.1-262 to 59.1-269 · 8 sections
Overview
The act regulates the sale of business opportunities — arrangements in which a seller offers a buyer the means to start a business — and it does so through a registration-and-disclosure scheme administered by a state securities-type regulator. Sellers must register offerings, provide prospective buyers with a disclosure document, use written contracts containing prescribed terms, and satisfy a minimum net worth requirement, with certain transactions exempted from these obligations. The administrator may adopt rules, investigate, issue orders, and deny, suspend, or revoke registrations or exemptions subject to judicial review; fraud, misleading statements, and deceptive advertising are prohibited, and violations carry criminal penalties alongside private civil remedies that reach those who aid and abet and that cannot be waived by agreement.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 7 court decisions.
Most-cited authority: 145 BR 845 - Toothman v. Miller (In re Miller)
Sections covered
- Va. Code Ann. § 59.1-262Short title3 cites
- Va. Code Ann. § 59.1-263Definitions2 cites
- Va. Code Ann. § 59.1-264Written disclosure statement required1 cite
- Va. Code Ann. § 59.1-265Seller required to obtain bond or establish escrow account; action for damages against bond or account; limitation on liability of surety or escrow agent
- Va. Code Ann. § 59.1-266Prohibited acts
- Va. Code Ann. § 59.1-267Contracts required to be in writing; contents
- Va. Code Ann. § 59.1-268Purchaser's remedies1 cite
- Va. Code Ann. § 59.1-269Penalty; limitation
Enacted in other states
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