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The mark exception is limited

Section 39-57-20 has specified business-startup arrangements and representations. The registered-mark exception sits within its sales/marketing-program branch; device-placement assistance, purchasing buyer-made products and guarantee/refund promises have their own terms.

Apply the fee condition and other exclusions too. Ordinary customer-finding is not automatically vending-device placement. A cleaning support offer with a startup refund needs that actual refund promise tested separately, including unresolved financial-protection conditions.

Sources: South Carolina Legislature: §§39-57-20 through 39-57-80

Covered promotion needs filing and claims support

Section 39-57-50 requires filing before advertisements or other representations, use of the assigned registration number in promotion, material-change updates and updates at least biennially (once every two years). A filing number is not endorsement; statements about state compliance have separate limits.

Section 39-57-60(1) requires documented evidence supporting the earnings claim to be disclosed when the representation is made. Internal possession of a spreadsheet is not that disclosure.

Section 39-57-30 separately requires disclosure 48 hours before the earlier business-opportunity contract or consideration (money or other value). Independently applicable federal disclosure is not shortened.

Sources: South Carolina Legislature: §§39-57-20 through 39-57-80

Scope

  • Limited to the stated business-opportunity branches. Actual fees, representations, exclusions and financial-protection conditions are not determined.

Next step

Separate the actual marketing, refund and income promises before promotion; if covered, complete filing and provide the required claim evidence and buyer disclosure.

Sources & review notes

The source records distinguish access dates from substantive review dates. Updating an explanation does not itself recheck the law.

South Carolina Business Opportunity Sales Act

South Carolina Legislature

Passage, dates and research notes

primary · §§39-57-20 through 39-57-80

before placing an advertisement or making other representations

Accessed: 2026-11-12T21:27:50.582731+00:00 · Meaning reviewed: 2026-11-12 · Next review target: 2026-12-12

Full official chapter read via web reader in two views. Direct cloud HTTP returned 403. Registered-mark exception is inside §39-57-20(4). Biennial filing and advertising number requirements read.

Detailed rule records (2)
South Carolina mark exception does not erase other definition limbs Depends on the facts

The registered-mark exception is within §39-57-20(4). Vending-device placement, purchases of products made by the buyer, and guarantee/refund triggers must be examined under their own terms with the fee condition and other exclusions.

When to check: Designing or changing the stated arrangement, communication or commitment. Source review: 2026-11-12.

South Carolina Business Opportunity Sales Act
South Carolina covered sellers file before advertising Depends on the facts

Covered sellers under §39-57-50 file before advertisements or other representations and update for material changes and at least biennially. Promotion must use the assigned registration number as prescribed. Section 39-57-30 separately requires 48-hour purchaser disclosure.

When to check: Designing or changing the stated arrangement, communication or commitment. Source review: 2026-11-12.

South Carolina Business Opportunity Sales Act
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