Kentucky Statutes 367.807 – Exemptions from registration — Authority for administrative regulations
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(1) An offeror is exempt from the provisions of KRS § 367.801 to KRS § 367.819 and KRS
367.990 when the offeror:
(a) Meets the definition of a franchise as defined in the Federal Trade Commission’s Regulation on Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures, as set forth in 16
C.F.R. 436 et seq., and has complied with these and filed written notice so stating with the division; or
(b) Offers a security pursuant to KRS § 292.313; (c) Offers an ongoing business for sale; or
(d) Offers a not-for-profit sale of sales demonstration equipment, materials, or samples for use in making sales and not for resale for a total price of $500 or less.
(2) The Attorney General may promulgate administrative regulations as needed to provide for additional exemptions. Is offering to sell or selling a package franchise as described in KRS § 367.801(7).
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 329, sec. 3, effective July 15, 1994. — Created
1978 Ky. Acts ch. 315, sec. 4, effective June 17, 1978.
Legislative Research Commission Note (7/15/94). It appears from 1994 Ky. Acts ch.
329, sec. 3 that the phrase “Is offering to sell or selling a package franchise as described in KRS § 367.801(7).” was intended to be removed from subsection (2) of this statute. Because this text was not bracketed and stricken through, however, it has not been deleted. See KRS § 446.145(1) and 446.280.
367.990 when the offeror:
Terms Used In Kentucky Statutes 367.807
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(a) Meets the definition of a franchise as defined in the Federal Trade Commission’s Regulation on Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures, as set forth in 16
C.F.R. 436 et seq., and has complied with these and filed written notice so stating with the division; or
(b) Offers a security pursuant to KRS § 292.313; (c) Offers an ongoing business for sale; or
(d) Offers a not-for-profit sale of sales demonstration equipment, materials, or samples for use in making sales and not for resale for a total price of $500 or less.
(2) The Attorney General may promulgate administrative regulations as needed to provide for additional exemptions. Is offering to sell or selling a package franchise as described in KRS § 367.801(7).
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 329, sec. 3, effective July 15, 1994. — Created
1978 Ky. Acts ch. 315, sec. 4, effective June 17, 1978.
Legislative Research Commission Note (7/15/94). It appears from 1994 Ky. Acts ch.
329, sec. 3 that the phrase “Is offering to sell or selling a package franchise as described in KRS § 367.801(7).” was intended to be removed from subsection (2) of this statute. Because this text was not bracketed and stricken through, however, it has not been deleted. See KRS § 446.145(1) and 446.280.