The Final Rule is inapplicable to noncompetes a person enters into in accordance with a bona fide sale of a business entity. Update: Governor Hochul vetoed this bill on December 23, 2023.The Federal Trade Commission (FTC) issued the NonCompete Clause Rule on Tuesday, calling for a comprehensive ban on noncompete agreements nationwide. When it's time to sell your company, you'll face a sale of business Non-Compete Agreement form. Find out what it is and how to handle it. The Court held that global non-compete agreements may be permissible if the prohibitions on employee activities are narrowly drawn. Sale of business non competes are excluded from the rule. Scoped out in the exceptions section of the final rule. The Final Rule deems virtually all noncompete agreements with workers to be "unfair methods of competition" in violation of Section 5 of the FTC Act. The Federal Trade Commission (FTC) was proposing a sweeping new rule that would ban the use of virtually all noncompete agreements.