Title 45, Trade and Commerce

(a) A telephone seller shall (1) within the first 15 seconds of a call and in a clear and conspicuous manner, disclose the registered seller's name and telephone number, whom the registered seller represents, and that the call is a sales call; and (2) repeat the information at an…

A telephone seller may not request or obtain from a buyer a waiver of the rights of the buyer under this chapter. A waiver of the rights of a buyer under this chapter is void.

(a) A person who sells or attempts to sell property or services by telephonic means by making substantially the same offer on substantially the same terms to two or more persons without complying with the registration requirements of AS 45.63.010, or who solicits, or receives, pa…

The remedies in this chapter are in addition to other remedies available to a buyer or the department.

(a) AS 45.63.010, 45.63.015, 45.63.020, and AS 45.63.030(c) and (d) do not apply to a sale or attempted sale (1) of a security regulated under AS 45.56 or a security that is exempted by AS 45.56.110 from regulation under AS 45.56; (2) by a person registered with the United States…

The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) to implement this chapter.

In this chapter, (1) “buyer” means a person who buys from or is solicited by a seller by telephonic means; (2) “department” means the Department of Law; (3) “notice of intent” means the notice of intent required by AS 45.63.010 to engage in a solicitation campaign; (4) “solicitat…

(a) An Alaska Native person who creates or crafts an original article of authentic Alaska Native art in the state may obtain an identification seal as specified in AS 45.65.030(a) to identify the article. The identification seal may be affixed only to original articles of authent…

(a) The commissioner of commerce, community, and economic development is responsible for the administration of the provisions of AS 45.65.010 — 45.65.070 relating to the emblem that is authorized under AS 45.65.010(b), including (1) the supervision of the use of the emblem; (2) s…

(a) The official symbol for the identification seal is the silver hand symbol. It must bear the words: “Authentic Alaska Native Art from Alaska” and include space for the artist's name and the place of origin of the article. (b) [Repealed, § 5 ch 104 SLA 1992.] (c) The official e…

(a) The identification seal may only be used after receiving a permit from the council. (b) [Repealed, § 14 ch 16 SLA 2008.] (c) The council shall establish forms and fees for the applications and permits to be used or issued under this section, the period for which the permits a…

(a) The emblem authorized under AS 45.65.010(b) may not be used without receiving a permit from the commissioner or from an agent who possesses a current permit under (b) of this section. (b) A resident of the state may apply to the commissioner for a permit to act as an agent to…

An individual may not (1) affix or attach the identification seal to an article that is not an original article of authentic Alaska Native art created or crafted in the state; (2) sell or offer for sale an article that has an identification seal affixed or attached but that is no…

(a) A person who knowingly violates AS 45.65.055 is guilty of a class B misdemeanor. In this subsection, “knowingly” has the meaning given in AS 11.81.900. (b) [Repealed, § 14 ch 16 SLA 2008.] (c) A person who knowingly or wilfully alters, changes, or counterfeits an emblem is gu…

In AS 45.65.010 — 45.65.070, unless the context otherwise requires, (1) “Alaska Native person” means an individual who is a state resident and who is an enrolled member of an Alaska tribe; in this paragraph, “state resident” means an individual who is physically present in the st…

(a) When an artist delivers or causes to be delivered a work of art of the artist's own creation to an art dealer for the purpose of sale, or exhibition and sale, on a commission, fee, or other basis of compensation, the acceptance of the work of art by the art dealer is a consig…

(a) A provision of a contract or agreement whereby the artist waives a provision of AS 45.65.200 is void except as provided in this subsection. An artist may waive the provisions of AS 45.65.200 if the waiver is clear, conspicuous, and agreed to in writing by the artist. A waiver…

In AS 45.65.200 — 45.65.250, unless the context otherwise requires, (1) “art dealer” means a person engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at public auction; (2) “artist” means the creator of a wor…

A person may not sell or offer to sell a business opportunity unless the person is registered as a seller with the department at least 30 days before the sale or offer to sell begins and has paid the fee required by AS 45.66.040.

(a) To register under AS 45.66.010, a person shall file with the department (1) the disclosure statement required by AS 45.66.080 and any advertising, pamphlets, brochures, or other materials to be used in the offering or promoting of the business opportunity; (2) the bond requir…

If a seller continues to sell or offer to sell a business opportunity for more than one year from the date of the department's acknowledgment of the initial registration under this chapter, the seller shall renew the registration each year that the sale or offer to sell continues…

(a) As part of the registration procedure set out in AS 45.66.020(a), a person shall pay a nonrefundable registration fee to the department. With a renewal application, the seller shall pay a nonrefundable renewal fee. The department shall establish the amount of the registration…

If there is a material change in the information provided under AS 45.66.020 or 45.66.030, the seller shall, within 10 days after the change, file with the department a statement describing the change on a form established by the department by regulation.

(a) A person registering as a seller shall obtain a surety bond in the amount of $75,000 issued by a surety company authorized to do business in the state. The bond must be in favor of the state for the benefit of a buyer and must satisfy the conditions established by the departm…

This chapter applies to a sale of, or an offer to sell, a business opportunity if (1) the offer, regardless of whether either party is then present in this state, originates in this state, or is directed by the offeror to this state and received at the place to which the offer is…

(a) At least 10 days before a buyer signs the contract required by AS 45.66.090, or at least 10 days before receipt of any consideration by the seller, whichever event occurs first, the seller shall give the buyer the written disclosure statement described in (b) of this section,…

(a) In addition to the other requirements of this chapter, a person may not contract to sell a business opportunity unless the contract is in writing and the seller gives a copy of the contract to the buyer when the buyer signs the contract. (b) The department shall establish by …

(a) A seller may not require a buyer to pay as a down payment more than 20 percent of the initial payment unless the excess above the 20 percent is placed in an escrow account that meets the requirements of AS 45.66.110. (b) In this section, (1) “down payment” means that portion …

(a) The holder of an escrow account required by AS 45.66.100 must be a person who is independent from the seller, and the escrow account holder may not make direct disbursements from the escrow account except as provided in (c) and (d) of this section. (b) A seller who establishe…

(a) A buyer who has a claim against an escrow account required by AS 45.66.100 may bring a civil action against the seller or escrow account holder to recover money from the escrow account. (b) Upon the filing of an action brought under this section, the clerk of the court shall …

(a) A buyer may cancel a contract for any reason if the buyer gives notice of the cancellation to the seller within 30 days after signing the contract. (b) In addition to the right to cancel under (a) of this section, a buyer may cancel the contract at any time if the seller (1) …

(a) A person may not state that the person is registered as a seller under this chapter unless the person has complied with the registration or renewal requirements, as applicable, of this chapter. (b) Unless the seller is asked for the information by the buyer, a seller may not …

A person may not, in connection with a sale of or an offer to sell a business opportunity subject to registration under this chapter, directly or indirectly make an untrue statement of material fact in the registration information required in or under AS 45.66.020 — 45.66.050 or …

(a) Acknowledgment of registration by the department under AS 45.66.020(c) does not constitute a finding by the department that a document filed with the department under this chapter is true, complete, or not misleading. (b) Acknowledgment of registration by the department under…

A seller may not request or obtain from a buyer a waiver of the rights or defenses of the buyer under this chapter. A waiver of the rights or defenses of the buyer under this chapter is void.

(a) A seller shall maintain a complete set of records relating to the advertising and promotion of the seller's business opportunity for five years and allow the department to inspect and copy them during reasonable business hours. (b) A seller shall keep all documents relating t…

Except for testimony and records related to an investigation by the department under this chapter, the registration application form, registration renewal form, disclosure statement, bond, contract, and other documents required to be prepared or filed with the department under th…

(a) Subject to the other requirements of this section and after reviewing a response submitted by the person under (b) of this section, the department may issue an order denying, suspending, or revoking a registration or renewal of a registration made by a person under AS 45.66.0…

(a) A seller who recklessly violates AS 45.66.010 — 45.66.060, 45.66.080 — 45.66.110, or 45.66.150 is guilty of a class C felony. (b) A seller who recklessly violates AS 45.66.130(e), 45.66.140, or 45.66.170 is guilty of a class A misdemeanor. (c) Each violation is a separate off…

This chapter does not apply to a sale of or an offer to sell (1) a business opportunity if the total amount of the payments to be made by the buyer under the contract is less than $250; (2) a franchise under 16 C.F.R. Part 436; (3) an ongoing business operated by the seller that …

(a) The rights and remedies in this chapter are in addition to other legal rights and remedies available to a buyer or the department. (b) To the extent of the conflict, the provisions of this chapter govern if a sale of or an offer to sell a business opportunity is regulated by …

The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this chapter.

In this chapter, unless the context indicates otherwise, (1) “advertising” means a circular, a prospectus, an advertisement, or other material or a communication by radio, television, pictures, or similar means used in connection with a sale of or an offer to sell a business oppo…

(a) A charitable organization may not solicit contributions of money or other property unless the charitable organization is registered with the Department of Law. (b) A person may not solicit contributions of money or other property for a charitable organization for compensation…

The registration statement and registration renewal statement filed under AS 45.68.010(c)(1) and (d) must be accompanied by a registration or registration renewal fee. The department shall establish the amount of the fee by regulation. The fees required by this section are nonref…

(a) A paid solicitor may not solicit contributions on behalf of a charitable organization unless the paid solicitor executes a written contract with the charitable organization that clearly states the respective obligations of the paid solicitor and the charitable organization, i…