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Explanatory Statement And Statement Of Non-Prejudice Prepared Pursuant To Section 36b-62(e) Form. This is a Connecticut form and can be use in Blue Sky Secretary Of State.
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EXPLANATORY STATEMENT AND STATEMENT OF NON-PREJUDICE
PREPARED PURSUANT TO SECTION 36b-62(e) OF THE CONNECTICUT
BUSINESS OPPORTUNITY INVESTMENT ACT
(Name of Seller)
of
(Address of Seller)
submits that it has offered to sell, or sold, business opportunities without
compliance with the registration provisions of Chapter 672c of the Connecticut
General Statutes, the Connecticut Business Opportunity Investment Act (the
"Act").
This document is being prepared for presentation to each purchaser-investor
to whom a business opportunity was sold in violation of the Act. The purpose
of this document is to provide purchaser-investors with the appropriate
disclosure information and to inform purchaser-investors of their rights and
remedies under the Act. The following Explanatory Statement describes the
remedies provided to purchaser-investors under Section 36b-74 of the Act.
EXPLANATORY STATEMENT
Sec. 36b-74. (Formerly Sec. 36-517). Contracts voidable, when. Purchaserinvestor's remedies.
(a) If a business opportunity seller uses any untrue or misleading
statement in the sale of a business opportunity, or fails to give the proper
disclosures in the manner required by section 36b-63, or fails to deliver the
equipment, supplies or products or render the services necessary to begin
substantial operation of the business opportunity within forty-five days of
the delivery date stated in the business opportunity contract, or if the
contract does not comply with the requirements of section 36b-66, then
within two years of the date of the contract, upon written notice to such
business opportunity seller, the purchaser-investor may void the contract
and shall be entitled to receive from such business opportunity seller all
sums paid to such business opportunity seller. Upon receipt of such sums,
such purchaser-investor shall make available to such business opportunity
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seller at such purchaser-investor's address or at the places at which they
are located at the time notice is given, all products, equipment or supplies
received by such purchaser-investor. Purchaser-investors shall not be
entitled to unjust enrichment by exercising the remedies provided in this
subsection.
(b) Any purchaser-investor injured by a violation of sections 36b-60 to 36b80, inclusive, or by a business opportunity seller's breach of contract
subject to said sections or any obligation arising therefrom may bring an
action for recovery of damages, including reasonable attorney's fees.
(c) Upon complaint of any person that a business opportunity seller has
violated the provisions of sections 36b-60 to 36b-80, inclusive, the superior
court for the judicial district in which either the seller or purchaserinvestor is located or the superior court for the judicial district of HartfordNew Britain shall have jurisdiction to enjoin the defendant or defendants
from further violations.
(d) Any purchaser-investor who is damaged by any violation of sections
36b-60 to 36b-80, inclusive, or by a seller's breach of the contract for the
business opportunity sale or of any obligation arising therefrom may bring
an action against the bond or trust account provided for in section 36b-64 to
recover damages suffered.
(e) The rights and remedies provided by sections 36b-60 to 36b-80,
inclusive, shall be in addition to any other rights or remedies provided by
law or equity.
(f) Every cause of action under sections 36b-60 to 36b-80, inclusive, shall
survive the death of any person who might have been a plaintiff or
defendant.
(g) No person may sue under this section more than six years after the
contract of sale.
(h) No person who has made or engaged in the performance of any contract
in violation of any provision of sections 36b-60 to 36b-80, inclusive, or any
regulation or order adopted or issued under said sections, or who has
acquired any purported right under such contract with knowledge of the
facts by reason of which its making or performance was in violation, may
base any cause of action on the contract.
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(i) Any condition, stipulation or provision binding any person acquiring
any business opportunity to waive compliance with any provision of
sections 36b-60 to 36b-80, inclusive, or any regulation or order adopted or
issued under said sections is void.
A statement containing other material facts relating to the sale or offer for
sale of this unregistered business opportunity is attached hereto as Exhibit A.
The most recent balance sheet and income statement of the seller is
attached hereto as Exhibit B.
Type in Name of Seller
(Signature of Executive Officer of
Seller)
(Print Name of Executive Officer of
Seller)
Subscribed and sworn to before me
this
day of
,
.
Notary Public
My Commission Expires:
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STATEMENT OF NONPREJUDICE
The undersigned purchaser-investor, to whom a business opportunity was
sold without compliance with the registration provisions of Chapter 672c of
the Connecticut General Statutes, the Connecticut Business Opportunity
Investment Act, represents as follows:
1. I have read the Explanatory Statement accompanying this Statement
of Nonprejudice;
2. I am satisfied that I will not be defrauded, damaged or prejudiced by
the postsale registration of this business opportunity; and
3. I understand that, by signing this Statement of Nonprejudice, I have
not waived any of my rights under the Connecticut Business
Opportunity Investment Act.
Name
Address
Telephone Number
Signature of Purchaser-investor
Date
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POST-SALE REGISTRATION CERTIFICATION BY BUSINESS OPPORTUNITY
SELLER
The undersigned seller of business opportunities, having applied for
post-sale registration under Section 36b-62(e) of the Connecticut Business
Opportunity Investment Act, certifies to the Connecticut Banking
Commissioner as follows:
1.
Each purchaser-investor to whom an unregistered business opportunity
was sold has signed the post-sale registration document consisting of an
Explanatory Statement and Statement of Non-prejudice; and
2.
Included herewith are the signed documents referenced above and their
return receipts; and
3.
Attached hereto as ''Exhibit A" is a list of the names, addresses and
telephone numbers of those purchaser-investors to whom business
opportunities have been sold without compliance with the registration
provisions of sections 36b-60 to 36b-80, inclusive, and the amount of
payment furnished by each purchaser-investor for the business
opportunity.
Print Name of Business
Opportunity Seller:
Signature of Executive
Officer or Authorized
Person of Similar Rank:
Print Name of Signatory:
Date:
Revised 5/1/2000
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EXHIBIT A: LIST OF PURCHASER-INVESTORS (Use Additional Sheets if
Necessary)
Prepared Pursuant to Section 36b-62(e)(3) of the Connecticut Business
Opportunity Investment Act
NAME
ADDRESS
TELEPHONE
NUMBER
PAYMENT
AMOUNT
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