action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
Fraud: Intentional deception resulting in injury to another.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
Service of process: The service of writs or summonses to the appropriate party.
(1) the disclosure statement required by Alaska Stat. § 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 required by Alaska Stat. § 45.66.060;(3) an irrevocable consent appointing the department as the person’s agent for the receipt of service of process in a court action or other proceeding against the person, or the successor in interest of the person, for a violation of this chapter;(4) a completed application form that satisfies (b) of this section;(5) a signed statement that the person has read and will comply with this chapter and the regulations adopted under it;(6) the fee required by Alaska Stat. § 45.66.040; and(7) other information requested by the department to evaluate whether the person meets the requirements of this chapter.(b) The department shall establish by regulation the application forms for registrations under this chapter. The application forms must require the submission of the following information:
(1) the nature of the business opportunity and the method by which it will be offered, advertised, or promoted;(2) the identity and business practices of the person who will be the seller, including information on a related person; and(3) a disclosure of criminal convictions, civil judgments, orders, consent decrees, and administrative determinations involving allegations of
(A)fraud, theft, embezzlement, fraudulent conversion, misappropriation of property, the use of untrue or misleading representations in an attempt to sell or dispose of real or personal property, violations of this chapter, violations of Alaska Stat. Chapter 45.63 (solicitations by telephonic means), violations of Alaska Stat. Chapter 45.68 (charitable solicitations), or unfair or deceptive business practices under Alaska Stat. § 45.50.471 – 45.50.561, or a substantially similar law of another jurisdiction, by the person who will be the seller or by a related person; or(B) a violation of securities or investment laws by the person who will be the seller or by a related person.(c) Registration under Alaska Stat. § 45.66.010 or renewal under Alaska Stat. § 45.66.030 is not complete until the person or seller receives an acknowledgment from the department that the person or seller has complied with (a) of this section or Alaska Stat. § 45.66.030, as applicable.(d) In this section, “related person” means an owner, employee, agent, or officer of the business opportunity being sold, or a person affiliated with the person who will be the seller of the business opportunity.
