N.Y. General Business Law Section 359-FFF
Chain distributor schemes prohibited


1.

It shall be illegal and prohibited for any person, partnership, corporation, trust or association, or any agent or employee thereof, to promote, offer or grant participation in a chain distributor scheme.

2.

As used herein a “chain distributor scheme” is a sales device whereby a person, upon condition that he make an investment, is granted a license or right to solicit or recruit for profit or economic gain one or more additional persons who are also granted such license or right upon condition of making an investment and may further perpetuate the chain of persons who are granted such license or right upon such condition. A limitation as to the number of persons who may participate, or the presence of additional conditions affecting eligibility for such license or right to recruit or solicit or the receipt of profits therefrom, does not change the identity of the scheme as a chain distributor scheme. As used herein, “investment” means any acquisition, for a consideration other than personal services, of property, tangible or intangible, and includes without limitation, franchises, business opportunities and services, and any other means, medium, form or channel for the transferring of funds, whether or not related to the production or distribution of goods or services. It does not include sales demonstration equipment and materials furnished at cost for use in making sales and not for resale.

3.

A chain distributor scheme shall constitute a security within the meaning of this article and shall be subject to all of the provisions of this article.

Source: Section 359-FFF — Chain distributor schemes prohibited, https://www.­nysenate.­gov/legislation/laws/GBS/359-FFF (updated Sep. 22, 2014; accessed May 11, 2024).

352
Investigation by attorney-general
352‑A
Foreign corporation to make designation
352‑B
Non-resident brokers, dealers, salesmen and investment advisors
352‑C
Prohibited acts constituting misdemeanor
352‑D
Effect of prosecution under previous section
352‑E
Real estate syndication offerings
352‑EE
Conversion of non-residential property to residential cooperative or condominium ownership
352‑EEE
Conversions to cooperative or condominium ownership in certain cities, towns and villages located in the counties of Nassau, Westchester ...
352‑EEEE
Conversions to cooperative or condominium ownership in the city of New York
352‑F
Description of realty bonds
352‑G
Exemptions
352‑H
Trust funds
352‑I
Injunctive relief
352‑J
Application of article
352‑K
Broker dealer minimum capital requirements
352‑L
Cooperative corporations
353
Action by attorney-general
353‑A
Receivers
354
Examination of witnesses and preliminary injunction
355
Procedure on hearing
356
Powers of referee
357
Application of provisions of civil practice law and rules
358
Criminal prosecution
359
Immunity
359‑A
Appointment of deputies
359‑B
Effect of unconstitutionality of part of article
359‑C
Publication of state notices
359‑E
Definitions
359‑EE
Report of existence
359‑EEE
Definitions
359‑F
Exemptions from certain provisions of section three hundred fifty-nine-e
359‑FF
Registration of intra-state offerings
359‑FFF
Chain distributor schemes prohibited
359‑G
Violations and penalties
359‑H
Destruction of certain records, books and other data by the attorney-general

Accessed:
May 11, 2024

Last modified:
Sep. 22, 2014

§ 359-FFF’s source at nysenate​.gov

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