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A mark is only one branch
Article 19 describes specified device-placement help, buying purchaser-produced products, income/refund promises and sales/marketing programs. Section 66-94(4)’s mark exception requires the stated U.S. federal registration; a home registration or pending application is not equivalent.
Ordinary customer-location help is not automatically the specified vending or similar-device placement. Section 66-94.1’s separate responsible-seller exemption has actual conditions and a sworn filing; reputation alone is insufficient.
For an actual income or refund promise, check whether the relevant provision requires a bond or trust, a form of financial protection. This is a conditional question, not a bond requirement for every offer.
If covered, file before the campaign
Section 66-97 requires filing before advertisements or other representations to prospective purchasers in the state, material-change updates and updates at least annually.
The buyer period is a different duty
Section 66-95 requires covered disclosure at least 48 hours before the earlier signature or receipt of consideration (money or other relevant value). A materially compliant federal Franchise Disclosure Document (FDD) is one permitted content route.
Using an FDD does not shorten the independently applicable federal fourteen-calendar-day period. Filing with the state and delivering to the buyer are different events.
Scope
- Limited to the stated business-opportunity branches. Actual mark/responsible-seller conditions and other sales or relationship requirements are not determined.
Next step
Separate each promise and establish the exact exclusion or exemption before advertising; if covered, meet filing and buyer delivery independently.
Sources & review notes
North Carolina General Assembly
Passage, dates and research notes
primary · §§66-94 through 66-100
prior to placing any advertisement or making any other representations
Full current official Article 19 read via web reader in two views, including 2023 amendments. Direct cloud HTTP returned 403. Registered-mark exception is confined to §66-94(4).
Detailed rule records (3)
The registered-mark exception in §66-94(4) is confined to that marketing-programme limb. Vending-device placement, purchases of products made by the buyer, and guarantee/refund representations have separate statutory terms; it is not a blanket exception for every branded offer.
North Carolina Business Opportunity Sales, Article 19Covered sellers under §66-97 file the disclosure and prescribed consent before advertising or other representations to prospective purchasers in the state, with updates for material changes and at least annually.
North Carolina Business Opportunity Sales, Article 19For the covered Article 19 branch, §66-95 requires disclosure at least 48 hours before the earlier signature or receipt of consideration and permits a compliant FDD content route. Applicable federal timing remains independent.
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