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Kentucky bonds

Kentucky — Business Opportunity Bond

Prepare Kentucky's business-opportunity security using the offeror's prior-year agreement records. For offerors subject to registration, the statute requires security before offering and sets the amount at total initial payments under the previous year's Kentucky agreements, with a $75,000 minimum. Confirm the applicable registration and required sum before completing the application.

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Recorded state
Kentucky
Bond type
Business Opportunity / Franchise Bond
Category
Business operations & taxes

What this bond does

Insure the veracity of statements in the offeror's business-opportunity registration. Section 367.815 also provides an action against the security for covered statutory violations, breach of the business-opportunity sale contract or obligations arising from it.

Who needs it
Business-opportunity offerors subject to registration with the Kentucky Attorney General's Office of Consumer Protection. Match the actual offering to the Act's definition and applicable exemptions rather than assuming every business sale or franchise is covered.
Who it protects
The bond is in favor of the Attorney General of Kentucky. Any person damaged by the covered violations or contractual obligations may bring an action against it. The surety's aggregate liability is limited to actual damages and cannot exceed the bond amount; that differs from the offeror's separate statutory liability.

Your bond option

This is the option on record for this bond.

The bond amount describes the limit of the bond obligation, not the price. A listed amount does not establish what the requesting party requires. The premium is what you pay and must be confirmed for the actual option. An E&O limit, where listed, is separate errors and omissions insurance.

Details for the amount, protection and release

Section 367.815 measures the required amount by total initial payments under all business-opportunity agreements the offeror entered into in Kentucky during the previous year, never less than $75,000. Bring those agreement and payment records. Do not substitute projected next-year sales, a single franchise fee or total business revenue for the statutory measure.

The statute allows a bond from a surety authorized in Kentucky or a full cash certificate of deposit with a licensed and insured bank or savings institution located in the Commonwealth. The security favors the Attorney General and addresses truthful registration statements, with the statutory action extending to covered violations and business-opportunity contract obligations.

Registration and security must be arranged before offering when the Act applies. Section 367.805 also requires immediate notice of material changes and appropriate amendment of the disclosure statement. Issuing the bond does not register the offeror, approve the offering or update the disclosure.

An offeror may petition the Office for bond release with a verified statement that it has not offered business opportunities in Kentucky for the last five years. That is a petition route, not automatic release or a five-year term starting at purchase. The separate records rule requires transaction sale documents to be maintained for four years after the agreement date; it does not shorten the release condition.

Sources

Have these ready

  1. Confirm whether the offering requires registration under the Kentucky business-opportunity provisions.
  2. Match the legal offeror, trade names and Attorney General's registration request.
  3. Assemble the previous year's Kentucky agreements and their total initial payments.
  4. Confirm the required sum, authorized surety and currently accepted execution and submission instructions.
  5. Coordinate registration, material-change notices and any later release petition with the Office of Consumer Protection.

Questions about this bond

Is $75,000 always the correct bond amount?

It is the statutory minimum. Section 367.815 uses total initial payments under the Kentucky business-opportunity agreements entered into during the previous year when that total requires a higher amount. Confirm the records and required sum rather than choosing the minimum automatically.

Can I assume the bond ends when I stop offering opportunities?

The statute allows a petition for release supported by a verified statement that no Kentucky business opportunities have been offered for the last five years. Stopping today does not itself release the bond. Obtain the Office's accepted release and continuation instructions.

What follows Purchase Now?

Propeller's Kentucky business-opportunity application opens in a new tab. Match the offeror, applicable registration, Attorney General's security requirement, prior-year-based sum, dates and accepted execution before finalizing. Submit the completed security with the required registration paperwork; the provider application does not authorize offers or complete State registration.

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