Business Opportunity Registration Form - Texas Secretary Of State Page 2

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(A) has a net worth of $25 million or more according to the seller's audited balance sheet as of a
date not earlier than the 13th month before the date of the transaction; or
(B) is at least 80 percent owned by another person who:
(i) in writing unconditionally guarantees performance by the person offering the business
opportunity plan; and
(ii) has a net worth of more than $25 million according to the person's most recent
audited balance sheet as of a date not earlier than the 13th month before the date of the
transaction; or
(8) an arrangement defined as a franchise by 16 C.F.R. Section 436.2(a) and its subsequent amendments if:
(A) the franchisor complies in all material respects in this state with 16 C.F.R. Part 436 and each
order or other action of the Federal Trade Commission; and
(B) before offering for sale or selling a franchise in this state, a person files with the secretary of
state a notice containing:
(i) the name of the franchisor;
(ii) the name under which the franchisor intends to transact business; and
(iii) the franchisor's principal business address.
As a ministerial filing office, the Office of the Secretary of State cannot make a determination as to whether an
activity constitutes a “business opportunity” under the statute. For assistance in determining whether a particular
offering or sale must be registered, please consult your private attorney.
Instructions for Form
 Business Opportunity and Seller Information: Provide the names of the business opportunity,
the principal seller, and any individuals who sell or will sell the business opportunity for the
principal seller. The principal seller is the person registering the business opportunity. The
address of the seller’s principal place of business is required. It is requested that you provide a
telephone number. The registered agent and office information is also requested so the business
opportunity can be sent notice regarding its registration status, including involuntary termination.
 Disclosure Statement and Proof of Security: A disclosure statement or acceptable similar
document and proof of security (if required) must be submitted with the registration. Acceptable
similar documents include documents required by the Texas State Securities Board, Securities
and Exchange Commission, and Federal Trade Commission so long as they contain all of the
information required by §§ 51.152-51.164.
 Sample Cover Sheet and Disclosure Statement Form: Section 51.152, Tex. Bus. & Comm.
Code, requires a business opportunity disclosure statement to be submitted under a specific
cover. The sample cover sheet following the registration form meets the minimum requirements
of § 51.152. The disclosure statement form following the cover sheet outlines the requirements
set forth in §§ 51.152-51.164 and meets the minimum requirements of those sections.
 Payment and Delivery Instructions: The filing fee for a business opportunity registration is
$195. Fees may be paid by personal checks, money orders, LegalEase debit cards or American
Express, Discover, MasterCard, and Visa credit cards. Checks or money orders must be payable
through a U.S. bank or financial institution and made payable to the secretary of state. Fees paid
by credit card are subject to a statutorily authorized convenience fee of 2.7 percent of the total
fees.
The completed form, along with the filing fee, may be mailed to Registrations Unit, P.O. Box
13193, Austin, Texas 78711-3193 or delivered to the James Earl Rudder Office Building, 1019
Brazos, Austin, Texas 78701.
Revised 02/2017
Form 2701
Instruction Page 2 – Do not submit with filing.

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