DOB: Section 36b-65(e)(1) Exemptive Order

ORDER PURSUANT TO SECTION 36b-65 (e)(1)(B)
[Formerly Section 36-508(e)(1)(B)] OF CHAPTER 672c [Formerly Chapter 662a]
OF THE CONNECTICUT GENERAL STATUTES,
THE CONNECTICUT BUSINESS OPPORTUNITY INVESTMENT ACT (THE "ACT")

Editor's Note: The substance of this Order remains unaffected by technical amendments to Section 36b-65(e)(1)(B) occurring since the Order was issued.

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1) The Banking Commissioner (the "Commissioner") is charged with the administration of the Act.
2) Section 36b-65(e)(1)(B) [formerly Section 36-508(e)(1)(B)] of the Act provides that:

the commissioner may by ... order as to any business opportunity or type of business opportunity or transaction, modify, withdraw, further condition or waive such conditions, in whole or in part conditionally or unconditionally, pursuant to the exemption set forth in subdivision (1)(A) of this subsection, on a finding that such ... order is necessary and appropriate in the public interest or for the protection of purchaser-investors.

3) The Commissioner finds that the issuance of this Order is necessary and appropriate in the public interest and for the protection of purchaser-investors.
4) Pursuant to the authority granted him in Section 36b-65(e)(1)(B) [formerly Section 36-508(e)(1)(B)] of the Act, the Commissioner therefore orders as follows:
A) [As used in Section 36b-65(e)(1)(A),] "Total amount a purchaser-investor becomes obligated to pay" means any money or thing of value given by a purchaser-investor to the seller or any third party and includes, but is not limited to, the following:
1) Tender of money or currency;
2) Materials or products valued at fair market value;
3) Real or personal property valued at fair market value;
4) Securities;
5) Escrow deposits or payment for performance guarantees;
6) Payment for:
a) Promotional literature or assistance in advertising or marketing;
b) Rental or purchase of space, location, or equipment;
c) Assistance in operations set-up, organization, or financing;
d) Training of the purchaser or his affiliates or employees in connection with the marketing, promotion, distribution, production, manufacture, assembly, fabrication, breeding, raising, growing or harvesting of the product or service, or operation and management of the business opportunity;
e) Initial or start-up inventory, materials, or supplies including minimum purchase amounts which the purchaser-investor is obligated to purchase during the first year of operations;
f) Professional advice to the purchaser-investor provided by the seller or on the seller's behalf.
So ordered this 21st day of June, 1983. Brian J. Woolf
Banking Commissioner

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