Limited registration; penalty; violation; classification

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44-1272.01. Limited registration; penalty; violation; classification

A. Any seller who is listed in section 44-1273, subsection B shall file with the secretary of state a limited registration statement on a form prescribed by the secretary of state before the seller solicits any consumer from a location in this state or any consumer located in this state.

B. If there is a change in any of the information required by subsection C of this section, within ten days after the change the seller shall file a supplemental statement with the secretary of state.

C. Each limited registration statement shall include all of the following information:

1. The true legal name of the seller.

2. All of the names under which the seller is doing business or intends to do business.

3. The complete street address of the physical location of the principal place of business of the seller and the telephone number for the location.

4. The name and address of the seller's agent who is authorized to receive service of process. Alternatively, the seller may designate the secretary of state to receive service of process.

5. The reason the seller is exempt from full registration.

6. The name and address of the person who files the limited registration statement.

D. A seller who files a limited registration statement pursuant to this section is not required to pay a filing fee and is not required to file and maintain a bond.

E. Compliance with the limited registration prescribed in this section does not constitute an approval or endorsement by this state of the seller's limited registration or conduct.

F. The secretary of state may send by certified mail a notice of failure to file a limited registration statement pursuant to this section to any seller who is listed in section 44-1273, subsection B and who fails to comply with the limited registration prescribed in this section. The seller shall comply with the limited registration prescribed in this section within thirty days after receiving the notice from the secretary of state and shall pay a late registration penalty of twenty-five dollars. If the seller does not comply with this subsection, the seller is guilty of a class 3 misdemeanor.


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