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Texas bonds

Texas — Business Opportunity Seller Bond

Arrange Texas business-opportunity security before making the covered profit representations. Section 51.101 requires the principal seller to secure at least $25,000 in favor of the State before representing that buyers will or are likely to earn profit exceeding their initial consideration, or are otherwise assured of profit.

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

What this bond does

Secure actual damages from covered Business Opportunity Act violations, breach of the opportunity contract or obligations arising from the sale.

Who needs it
The legal principal seller of an offer subject to Texas's Business Opportunity Act. Match the actual profit representations, statutory definition and exclusions; the separate notice for a qualifying franchise is not this bond filing.
Who it protects
The security favors Texas for the benefit of people damaged by covered statutory or contract failures. Section 51.102 allows an action for actual damages, with aggregate recovery capped at the security amount. Form 2702 also makes the bond limit noncumulative across years or periods.

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 profit representations, filing and notice

Section 51.101 permits an authorized surety bond, trust account or irrevocable letter of credit, in favor of Texas and at least $25,000. Published Form 2702 has a stated $25,000 sum and a May 2016 revision. Match the accepted security and actual seller; continuing the bond does not refresh a separate limit for each year.

The form requires authorized principal and surety signatures and an effective date. File the required security information with the Secretary of State after establishing it. The form's instructions allow a duplicate bond copy if a returned file-stamped copy is wanted; the provider application is not that filing.

Form 2702 requires written intent-to-cancel notice to be forwarded to the Secretary of State at least sixty days before cancellation. When cancellation is requested by the surety, it must also notify the principal in writing at least sixty days before the cancellation date. Do not replace this with another State's thirty-day receipt rule.

The Texas disclosure under section 51.151 is generally due at least ten business days before the earlier of contract signing or the seller receiving consideration. Section 51.164 permits a qualifying similar regulatory disclosure containing all information the chapter requires. The prescribed Texas cover statement disclaims State review, endorsement and verification; bond issuance does not replace the applicable disclosure.

Sources

Have these ready

  1. Collect the principal seller's actual agreement and profit representations.
  2. Check the offer's statutory definition, exclusions and required security.
  3. Match the accepted bond, State-favored protection and sum of at least $25,000.
  4. Prepare authorized signatures, effective date and Secretary of State filing copies.
  5. Coordinate the applicable buyer disclosure and sixty-day cancellation instructions separately.

Questions about this bond

Does continuing the bond create a fresh limit each year?

Form 2702 expressly makes the surety's limit noncumulative from year to year or period to period. Its aggregate limit covers all breaches of the bond conditions; continuing coverage does not create a new annual pool.

Is a qualifying franchise notice the same as this bond?

The Act has a separate exclusion for a franchise meeting the federal compliance and advance State-notice conditions in section 51.003(b)(8). Confirm the actual offer and required filing; a franchise notice does not identify or establish this principal-seller bond.

What follows Purchase Now?

Propeller's Texas business-opportunity seller application opens in a new tab. Match the principal seller, actual profit representations, State-favored undertaking, sum, dates and authorized execution before finalizing. File the required security information with the Secretary of State and separately provide the applicable buyer disclosure; purchase is not State approval of the investment.

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