9 AAC 16.060 - Change in information
(a) Any statement required under
AS
45.66.050 for a material change in
information must be
(1) submitted using the
department's form entitled Alaska Business Opportunity Notice of
Material Change in Information,as revised as of February 9, 2005 and
adopted by reference; and
(2) made
under penalty of unsworn falsification in violation of
AS
11.56.210.
(b) To be timely filed, the statement
required under
AS
45.66.050 must be
(1) hand delivered to the department's
Anchorage office within 10 days after the material change; or
(2) sent by certified mail, return receipt
requested, to the department's Anchorage office within 10 days after the
material change.
(c) The
department will consider a change in information provided under
AS
45.66.020 or
45.66.030 to be a material change
if a substantial likelihood exists that a reasonable prospective buyer would
consider the change significant in making a decision to purchase the business
opportunity. Material changes include
(1) a
change in the surety or in the status or expiration date of the bond required
under AS
45.66.060;
(2) an increase or decrease in the initial
payment or additional payments charged by the seller;
(3) a change in the seller's management or in
the owner of the seller;
(4) a
change in the seller's or buyer's obligations under the contract or related
agreements;
(5) the initiation of,
or a significant change in the status of, a civil, criminal, or administrative
action or proceeding in which the seller, the seller's agent, or the seller's
representative is a party, and involving a charge or allegation set out in
AS
45.66.020(b)(3); for
purposes of this paragraph,
(A) the initiation
of a civil, criminal, or administrative action or proceeding includes the
filing of a complaint or indictment; and
(B) a significant change in the status of a
civil, criminal, or administrative action or proceeding includes entry of a
judgment or order relating to any business opportunity offered by the seller,
the seller's agent, or the seller's representative.
Notes
The Department of Law's Alaska Business Opportunity Notice of Material Change in Information, adopted by reference in 9 AAC 16.060, is available from the Department of Law, 1031 West Fourth Avenue, Suite 200, Anchorage, Alaska 99501 or at the following Internet address: http://www.law.state.ak.us/pdf/consumer/busopp-notice-of-matchange.pdf
Authority:AS 45.66.050
AS 45.66.240
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