Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I sell products or services online without violating e-commerce laws in West Virginia? What are the requirements?

Here are the requirements for selling products or services online in West Virginia:

General Requirements

To sell products or services online in West Virginia, you must comply with the following requirements:

  • Obtain any necessary licenses or permits, such as an Egg Distributor Permit [4.1] or a Commission Merchant License [5.1].
  • Comply with invoice requirements, such as providing an invoice showing the size and quality of the eggs according to the standards prescribed by the law [4.3].
  • Comply with the West Virginia Uniform Securities Act if applicable [3.1][1.3].
  • Comply with the West Virginia Crowdfunding Portal Requirements if you plan to offer securities through an internet-based crowdfunding portal [1.1].
  • Implement electronic commerce capabilities if you plan to accept payments online [2.2][2.3].

Crowdfunding Portal Requirements

If you plan to offer securities through an internet-based crowdfunding portal, you must comply with the West Virginia Crowdfunding Portal Requirements [1.1]. These requirements include:

  • The offering must be made exclusively through an internet-based crowdfunding portal that is incorporated or organized under the laws of West Virginia and authorized to do business in West Virginia and registered with the commissioner.
  • The crowdfunding portal must contain a conspicuous disclaimer that reflects that access to securities offerings on the website is limited to West Virginia residents and offers and sales of the securities on the website are limited to persons that are West Virginia residents.
  • There must be an affirmative representation by a visitor to the crowdfunding portal that the visitor is a resident of West Virginia before the visitor can view securities-related offering materials on the crowdfunding portal website.
  • The crowdfunding portal must take reasonable steps to verify that all prospective purchasers are West Virginia residents.
  • Prior to an offering, the crowdfunding portal shall give the commissioner access to its website and certain information about the offering.

Prohibited Acts

There are certain prohibited acts related to the sale of products, including eggs, in West Virginia. For example, no person, firm or corporation may sell, traffic in or deliver to the retail or consuming trade, any eggs that are not refrigerated [4.2].

In summary, to sell products or services online in West Virginia, you must comply with general requirements such as obtaining necessary licenses or permits, complying with invoice requirements, and complying with applicable securities laws. If you plan to offer securities through an internet-based crowdfunding portal, you must comply with the West Virginia Crowdfunding Portal Requirements. Finally, there are certain prohibited acts related to the sale of products in West Virginia.

Source(s):
Jurisdiction

West Virginia