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Business Opportunity SalesArticle 19, Chapter 66 North Carolina General Statutes

A business opportunity (Bus-Op) is the sale or lease of any products, equipment, supplies or services for the purpose of enabling the purchaser to start a business.

The seller must also represent one of the following four things:

  • That the seller will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases or other similar devices or currency-operated amusement machines or devices, on premises neither owned nor leased by the purchaser or seller; or
  • That the seller may, in the ordinary course of business, purchase any or all products made, produced, fabricated, grown, bred or modified by the purchaser using in whole or in part the supplies, services or chattels sold to the purchaser; or
  • The seller guarantees that the purchaser will derive income from the bus-op which exceeds the price paid for the bus-op; or that the seller will refund all or part of the price paid for the bus-op, or repurchase any of the products, equipment, supplies or chattels supplied by the seller, if the purchaser is unsatisfied with the bus-op and pays to the seller an initial, required consideration which exceeds two hundred dollars ($200); or
  • That the seller will provide a sales program or marketing program which will enable the purchaser to derive income from the bus-op which exceeds the price paid for the bus-op.(This does not apply to the sale of a marketing program made in conjunction with the licensing of a federally registered trademark or a federally registered service mark, or when the purchaser pays less than $200.)

Note that a Bus-Op is not the sale of an on-going business when the owner of the business sells and intends to sell only that one business.

Required Documents

Documents that must be filed under this Act with the Secretary of State include:

Surety Bond or Trust Account
If the bond is not applicable to your submission, please state so on the documentation.
  • One (1) copy of a surety bond or formal notification of the establishment of a trust account, if required.
  • The bond or trust notification should be reviewed to determine compliance with G.S. § 66-96.
  • The bond or trust account notification must be submitted with the disclosure statement.
Disclosure Statement
The seller of every business opportunity shall file the Secretary two (2) copies of either disclosure statement as listed below:
  • North Carolina Disclosure Statement N.C.G.S. §66-95
  • A franchise disclosure document that complies in all material respects with 16 C.F.R. Part 436
These statutes should be reviewed to determine that all information required are contained within the disclosure documentation, including the required coversheet.
Irrevocable Consent
  • An irrevocable consent to service of process appointing the Secretary of State attorney for the acceptance of lawful process.

Update of Information

  • The registration is to be updated as any information is changed or there is a change in the status of the surety bond or trust account. If there are no changes, the information is to be confirmed annually.
  • The update of information fee is $250.
  • The NC Secretary of State’s Office does not send reminder notices.


  • There is a $250.00 annual filing fee. The fee may be paid by check or money order and made payable to the NC Secretary of State.
  • If you are requesting paper copies of a disclosure statement, the cost is $1.00 per page.
  • Makes checks payable to "NC Secretary of State".

Submit Document Package to:

Mailing Address for Regular Mail:

NC Secretary of State
Business Opportunity Sales
Post Office Box 29622
Raleigh, North Carolina 27626-0622

Street Address for Overnight Mail:

NC Secretary of State
Business Opportunity Sales
2 South Salisbury Street
Raleigh, North Carolina 27601-2903

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