Title 45, Trade and Commerce

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…

Except as provided by AS 45.68.040, before soliciting a contribution, a paid solicitor shall clearly and conspicuously disclose the following information to the person being solicited: (1) the true name of the individual making the solicitation; (2) the true name of the charitabl…

A paid solicitor who makes a solicitation by mail, radio, or television, shall mail written confirmation of a contribution pledge to the contributor within five days after the pledge is received. The confirmation must include a clear and conspicuous disclosure of the information …

During a solicitation for a charitable organization, a person may not (1) use a deceptive act, including an act described in AS 45.50.471; (2) without first being authorized in writing by the person, represent or imply that a contribution is for or on behalf of a person, or use a…

(a) Within 90 days after a solicitation campaign is completed and, if a solicitation campaign lasts more than one year, on the one-year anniversary of the commencement of the campaign, a paid solicitor shall file with the department a financial report in accordance with this sect…

The registration statement, registration renewal statement, financial reports of paid solicitors, contracts, and other documents required to be filed with the department under this chapter are public records available for inspection and copying under AS 40.25.110 — 40.25.220.

A charitable organization that is required to be registered under this chapter or that is exempted from this chapter by AS 45.68.120 and a paid solicitor that is required to be registered under this chapter or that is exempted from this chapter by AS 45.68.120 shall maintain the …

(a) A charitable organization or paid solicitor that is required to be registered under this chapter and that either has its principal place of business outside of the state or is organized under the laws of another state is considered to have irrevocably appointed the department…

(a) A charitable organization that suffers damages as a result of a violation of this chapter by another charitable organization or by a paid solicitor may bring a civil action against the violator. (b) A person who makes a contribution to a charitable organization or to a paid s…

A person who solicits contributions for a charitable organization for compensation without complying with the registration requirements of AS 45.68.010 is guilty of a class A misdemeanor.

The remedies in this chapter are in addition to other remedies available to a person or the department for a violation of this chapter.

(a) Registration is not required under AS 45.68.010 for (1) a church or religious organization that is exempt from filing a federal annual information return under 26 U.S.C. 6033(a)(3)(A) (2) a candidate for national, state, or local office, and a political party or other committ…

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

In this chapter, (1) “charitable organization” means a nonprofit organization that (A) is operated for the relief of poverty, distress, or other condition of public concern in the state; or (B) the Internal Revenue Service determines to be a tax exempt organization under 26 U.S.C…

A surety on an undertaking, bond, or stipulation, executed or given in a judicial proceeding or filed in a court in the state or given on behalf of or by a public officer, employee, or agent in connection with the duties or performance of the duties of office shall be released an…

Upon filing the new undertaking, stipulation, or bond, and the approval of it as to form, penalty, and surety, the former undertaking, stipulation, or bond, and the surety on it is immediately discharged from all liability in any manner or at any time arising or accruing.

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and one or the other of these systems shall be used for all commercial purposes in the state. The definitions of basic units of weight an…

Article 2. State and Local Administration of Weight and Measure Regulation. The weights and measures obtained by the state in conformity with them and certified by the National Bureau of Standards or its successor organization, the National Institute of Standards and Technology, …

The commissioner of transportation and public facilities is ex officio state director of weights and measures. The director may appoint state inspectors.

The director is the custodian of the state standards of weight and measure and of the other standards and equipment provided for by this chapter. The director shall keep accurate records of the standards and equipment. The director shall enforce this chapter. The director shall s…

(a) The director shall adopt regulations for the enforcement of this chapter under AS 44.62 (Administrative Procedure Act). These have the effect of law. (b) The regulations may include (1) standards of net weight, measure, or count, and reasonable standards of fill, for a commod…

The state shall supply the Department of Transportation and Public Facilities with a duplicate set of state standards of weight and measure, referred to in this chapter as office standards. The state shall supply field standards and the equipment that is necessary to carry out th…

(a) At least once every five years, the director shall test the standards of weight and measure obtained by a city that has appointed a sealer of weights and measures, and shall approve them if they are correct. The director shall inspect the standards at least once every two yea…

(a) The director may inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale. The director shall, at least annually and more often as considered necessary, inspect and test, to ascertain if they are correct, all weights and …

The director shall investigate complaints of violations of this chapter, and shall initiate and conduct the investigations that the director considers appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible vi…