Sauer v. Hayes , 136 Colo. App. 190, 539 P2d 1343 (1975)

Are Master Industries distributorships securities for state law purposes?

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The Colorado Court of Appeals affirmed the lower court judgment finding Master Industries Distributorships to be securities under Colorado State law. The company produced motivational courses that were sold through an MLM structure that stressed the sale of distributorships to downline member more than the sale of actual motivational courses. The Colorado Court adopted the federal standard of an investment contract from Glenn W. Turner and Koscot, an investment of money in a common enterprise, with profits to come substantially from the efforts of others.

Full case and case summary also available online at: http://www.mlmlegal.com/legal-cases/Sauer_v_Hayes.php

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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