Chapter 59, MONOPOLIES AND UNLAWFUL RESTRAINT OF TRADE
173 sections in this chapter.
Neb. Rev. Stat. § 59-1732 Seller-assisted marketing plan; potential purchaser; seller provide disclosure document.
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In the first in-person communication with a potential purchaser or in the first written response to an inquiry by a potential purchaser wherein the seller-assisted marketing plan is described, the seller shall provide the prospective purchaser a written disclosure document which …
Neb. Rev. Stat. § 59-1733 Disclosure document; information; requirements.
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The disclosure document required by section 59-1732 shall contain the following information: (1) The name of the seller, the name under which the seller is doing or intends to do business, the seller's principal business address, the seller's business form, including identificati…
Neb. Rev. Stat. § 59-1735 Disclosure document; contents; requirements.
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The disclosure document required by section 59-1732 shall contain the following: (1) The name of and the office held by the seller's officers, directors, trustees, general or limited partners, and limited liability company members, as the case may be, and the names of those indiv…
Neb. Rev. Stat. § 59-1736 Seller; officers, directors, partners, managers; conviction or judgment; disclosure.
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The statements required by subdivision (2) of section 59-1735 shall set forth the court, the date of the conviction or of the judgment and, when involved, the name of the governmental agency that brought the action resulting in the conviction or judgment.
Neb. Rev. Stat. § 59-1737 Disclosure document; disclose period of time plan sold or offered.
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The disclosure document required by section 59-1732 shall contain the length of time the seller of the plan has sold seller-assisted marketing plans, and the length of time the seller has sold the specific seller-assisted marketing plan being offered to the purchaser.
Neb. Rev. Stat. § 59-1738 Disclosure document; disclose existence of bond or trust account.
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If the seller is required to secure a bond or establish a trust account pursuant to the requirements of sections 59-1726 to 59-1728, the disclosure document required by section 59-1732 shall state either: (1) Seller has secured a bond issued by ............., (name and address of…
Neb. Rev. Stat. § 59-1739 Disclosure document; contain financial information; verification.
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The disclosure document required by section 59-1732 shall contain a copy of a financial statement of the seller, not more than twelve months old, together with a statement of any material changes in the financial condition of the seller from the date thereof. Such financial state…
Neb. Rev. Stat. § 59-1740 Disclosure document; contain unexecuted copy of marketing plan contract.
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The disclosure document required by section 59-1732 shall contain an unexecuted copy of the entire seller-assisted marketing plan contract.
Neb. Rev. Stat. § 59-1741 Seller-assisted marketing plan; contract for sale or lease; written; copy to purchaser.
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Every contract for sale or lease of a seller-assisted marketing plan in this state shall be in writing and shall be subject to the provisions of the Seller-Assisted Marketing Plan Act. A copy of the fully completed contract and all other documents the seller requires the purchase…
Neb. Rev. Stat. § 59-1742 Marketing plan contract; contents; requirements.
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Every seller-assisted marketing plan contract shall set forth in at least ten-point type or equivalent size if handwritten, the following: (1) The terms and conditions of payment including the initial payment, additional payments, and downpayment required; (2) A full and detailed…
Neb. Rev. Stat. § 59-1743 Marketing plan contract; purchaser; right to cancel; when.
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The purchaser shall have the right to cancel a seller-assisted marketing plan contract for any reason at any time within three business days of the date the purchaser and the seller sign the contract pursuant to section 59-1744. The notice of the right to cancel and the procedure…
Neb. Rev. Stat. § 59-1744 Marketing plan contract; contain notice of right to cancel.
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Every seller-assisted marketing plan contract shall set forth immediately above the place at which the purchaser signs the contract in at least ten-point type the following: You have three business days in which you may cancel this contract for any reason by mailing or delivering…
Neb. Rev. Stat. § 59-1745 Marketing plan contract; execution of certain notes prohibited.
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No seller-assisted marketing plan contract shall require or entail the execution of any note or series of notes by the purchaser which, when separately negotiated, will cut off as to third parties any right of action or defense which the purchaser may have against the seller.
Neb. Rev. Stat. § 59-1746 Marketing plan contract; downpayment; conditions.
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If the contract referred to in section 59-1741 provides for a downpayment to be paid to the seller, the downpayment shall not exceed twenty percent of the initial payment amount. In no event shall the contract payment schedule provide for the seller to receive more than twenty pe…
Neb. Rev. Stat. § 59-1747 Marketing plan contract; assignee; rights, defenses.
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Any assignee of the seller-assisted marketing plan contract or the seller's rights is subject to all equities, rights, and defenses of the purchaser against the seller.
Neb. Rev. Stat. § 59-1748 Reference to compliance with act; prohibited.
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No seller shall make or authorize the making of any reference to its compliance with the Seller-Assisted Marketing Plan Act.
Neb. Rev. Stat. § 59-1749 Marketing plan; seller; records required.
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Every seller subject to the Seller-Assisted Marketing Plan Act shall at all times keep and maintain a complete set of books, records, and accounts of seller-assisted marketing plan sales made by the seller. All documents relating to each specific seller-assisted marketing plan so…
Neb. Rev. Stat. § 59-1750 Seller-assisted marketing plan; service of process.
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Selling or offering to sell a seller-assisted marketing plan in this state shall constitute sufficient contact with this state for the exercise of personal jurisdiction over the seller in any action arising under the Seller-Assisted Marketing Plan Act.
Neb. Rev. Stat. § 59-1751 Seller; surety bond or trust account; establish; procedures.
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If, pursuant to section 59-1728, a seller must obtain a surety bond or establish a trust account, the following procedures shall apply: (1) If a bond is obtained, a copy of it shall be filed with the Department of Banking and Finance, and if a trust account is established, notifi…
Neb. Rev. Stat. § 59-1752 Seller; noncompliance with act; contract; voidable; purchaser; remedies.
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If (1) a seller uses any untrue or misleading statements relating to a seller-assisted marketing plan, (2) a seller fails to provide the disclosure documents or disclose any of the information required by sections 59-1732 to 59-1740, or (3) the contract does not comply with the r…
Neb. Rev. Stat. § 59-1753 Seller; inadvertent defects; cure; purchaser; rights.
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If the seller inadvertently has failed to make any of the disclosures required by sections 59-1732 to 59-1740 or the contract inadvertently fails to comply with the requirements of the Seller-Assisted Marketing Plan Act, the seller may cure such inadvertent defect by providing th…
Neb. Rev. Stat. § 59-1754 Seller; failure to deliver products; contract voidable.
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If a seller fails to deliver the equipment, supplies, or products within thirty days of the delivery date stated in the contract, unless such delivery delay is beyond the control of the seller, then at any time prior to delivery or within thirty days after delivery, at the electi…
Neb. Rev. Stat. § 59-1755 Purchaser rights; cumulative.
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The rights of the purchaser set forth in sections 59-1752 to 59-1754 shall be cumulative to all other rights under the Seller-Assisted Marketing Plan Act or otherwise.
Neb. Rev. Stat. § 59-1756 Purchaser; waiver of rights; unenforceable.
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Any waiver by a purchaser of the provisions of the Seller-Assisted Marketing Plan Act shall be deemed contrary to public policy and shall be void and unenforceable. Any attempt by a seller to have a purchaser waive rights given by the act shall be a violation of the act.
Neb. Rev. Stat. § 59-1757 Prohibited acts; violation; penalty; enforcement.
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(1) No person shall, in connection with the offer, purchase, lease, or sale of any seller-assisted marketing plan: (a) Use the trademark, service mark, trade name, logotype, or advertising or other commercial symbol of any business which does not either control the ownership inte…
Neb. Rev. Stat. § 59-1758 Violation; action for recovery of damages; award; statute of limitations.
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(1) Any purchaser injured by a violation of the Seller-Assisted Marketing Plan Act or by the seller's breach of a contract subject to the act or of any obligation arising from the sale or lease of the seller-assisted marketing plan may bring an action for recovery of damages. Jud…
Neb. Rev. Stat. § 59-1758.01 Burden of proof.
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In any proceeding under the provisions of the Seller-Assisted Marketing Plan Act, the burden of proving an exemption or an exclusion from a definition or from the provisions of the act shall be upon the person claiming it.
Neb. Rev. Stat. § 59-1759 Remedies; not exclusive.
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The provisions of the Seller-Assisted Marketing Plan Act are not exclusive. The remedies provided for violation of any provision of the act or for conduct prescribed by any provision of the act shall be in addition to any other procedures or remedies for any violation or conduct …
Neb. Rev. Stat. § 59-1760 Statutory or common-law rights; available.
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Nothing in the Seller-Assisted Marketing Plan Act shall limit any statutory or common-law rights of the Attorney General, any county attorney, or any city attorney, or any other person. If any act or practice prescribed under the Seller-Assisted Marketing Plan Act also constitute…
Neb. Rev. Stat. § 59-1761 Unfair competition and deceptive practices statutes; applicable.
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Actions and transaction prohibited by the Seller-Assisted Marketing Plan Act shall be subject to section 59-1602 and all statutes which provide for the implementation and enforcement of such section.
Neb. Rev. Stat. § 59-1762 Director of Banking and Finance; powers; rules and regulations.
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In addition to specific authority granted elsewhere in the Seller-Assisted Marketing Plan Act, the Director of Banking and Finance may adopt and promulgate rules, regulations, orders, or forms as are necessary to carry out the act. No rule, regulation, order, or form may be adopt…
Neb. Rev. Stat. § 59-1801 Act, how cited.
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Sections 59-1801 to 59-1803 shall be known and may be cited as the Charitable Gift Annuity Act.
Neb. Rev. Stat. § 59-1802 Terms, defined.
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For purposes of the Charitable Gift Annuity Act: (1) Charitable gift annuity means a charitable gift annuity described by section 501(m)(5) and section 514(c)(5) of the Internal Revenue Code that is issued prior to, on, or after March 26, 1996, by a charitable organization that, …
Neb. Rev. Stat. § 59-1803 Issuance of annuity; how construed.
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Issuance of a charitable gift annuity does not constitute: (1) Engaging in business as a trust company subject to the Nebraska Trust Company Act; (2) Engaging in the business of insurance subject to Chapter 44; (3) Engaging in an act in violation of sections 59-801 to 59-831; (4)…
Neb. Rev. Stat. § 59-501 Sales; discrimination; when unlawful.
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Any person, firm, or company, association or corporation, foreign or domestic, doing business in the State of Nebraska and engaged in the production, manufacture or distribution of any commodity in general use, that shall intentionally, for the purpose of destroying the business …
Neb. Rev. Stat. § 59-502 Sales; unlawful discrimination; prima facie evidence.
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Proof that any person, firm, company, association or corporation has been discriminating between different sections, communities and cities of this state by selling a commodity at a lower rate in one section, community or city than is charged for said commodity by said party in a…
Neb. Rev. Stat. § 59-503 Purchases; discrimination; when unlawful.
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Any person, firm, company, association or corporation, foreign or domestic, doing business in the State of Nebraska, engaged in the business of collecting or buying any product, commodity or property of any kind, that shall intentionally, for the purpose of injuring or destroying…
Neb. Rev. Stat. § 59-504 Purchases; unlawful discrimination; prima facie evidence.
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Proof that any person, firm, company, association or corporation has been discriminating between different sections, communities and cities by buying any product, commodity or property of any kind, and paying therefor a higher rate or price in one section, community or city than …
Neb. Rev. Stat. § 59-505 Unlawful discrimination; penalty.
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Any person, firm, company, association or corporation violating any of the provisions of sections 59-501 and 59-503, and any officer, agent or receiver of any firm, company, association or corporation, or any member of the same, or any individual, violating any of the provisions …
Neb. Rev. Stat. § 59-506 Unlawful discrimination; contracts void.
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All contracts or agreements made in violation of any of the provisions of sections 59-501 to 59-503 shall be void.
Neb. Rev. Stat. § 59-507 Attorney General, county attorneys; duty to enforce sections.
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It shall be the duty of the county attorneys, in their counties, and the Attorney General to enforce the provisions of sections 59-501 to 59-508.
Neb. Rev. Stat. § 59-508 Unlawful discrimination by corporations; penalty; prosecution by Attorney General; injunction; corporations in which the public has an interest.
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Any corporation, joint-stock company or other association that shall have been once adjudged to have violated the provisions of sections 59-501 to 59-507, by a final judgment of any court having jurisdiction of the question and who shall thereafter violate the provisions of said …
Neb. Rev. Stat. § 59-801 Restraint of trade or commerce; unlawful; penalty.
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Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce, within this state, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy shall be deemed guilt…
Neb. Rev. Stat. § 59-802 Monopolizing trade or commerce; unlawful; penalty.
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Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce, within this state, shall be deemed guilty of a Class IV felony.
Neb. Rev. Stat. § 59-803 Violation; property under contract forfeited.
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Any property owned under any contract or by any combination, or pursuant to any conspiracy, and being the subject thereof, mentioned in sections 59-801 and 59-802, shall be forfeited to the state.
Neb. Rev. Stat. § 59-804 Business of corporations or other companies; conduct; investigation by Attorney General; powers.
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The Attorney General of this state may at any time require of any corporation, joint-stock company, limited liability company, or other association engaged in business within this state, any statement he or she may think fit in regard to the conduct of its business. He or she may…
Neb. Rev. Stat. § 59-805 Restraint of trade; underselling; penalty.
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Every person, corporation, joint-stock company, limited liability company, or other association engaged in business within this state which enters into any contract, combination, or conspiracy or which gives any direction or authority to do any act for the purpose of driving out …
Neb. Rev. Stat. § 59-806 Holding companies; when unlawful.
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No corporation, joint-stock company, limited liability company, or other association shall engage in business within this state, a majority of whose stock is owned by or controlled or held in trust for any manufacturing or other corporation, which, in the course of its manufactur…
Neb. Rev. Stat. § 59-807 Books of record and papers; inspection by Attorney General.
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All the books of record and papers of every such corporation, joint-stock company, limited liability company, or other association engaged in business within this state shall be subject to inspection by the Attorney General of this state or by any agent he or she may designate fo…
Neb. Rev. Stat. § 59-808 Prohibited acts.
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Any president, director, treasurer, officer, corporator, partner, member, associate, or agent of such corporation, joint-stock company, limited liability company, or other association who does in its behalf anything prohibited by sections 59-801 to 59-831 or who supports, votes f…