Initial Franchise Registration
Registration of your franchise offering is not required under the Federal Franchise Law. However, the laws of several states require prior franchise registration before you may offer or sell franchises in those states. Several states require submission of your Franchise Disclosure Document (including the Franchise Agreement) so that the state franchise administrators may review it for legal compliance.
The following states require franchise registration or exemption filings before you may offer or sell franchises in these states:
- California
- Connecticut
- Florida
- Hawaii
- Illinois
- Indiana
- Kentucky
- Maine
- Maryland
- Michigan
- Minnesota
- Nebraska
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- Texas
- Utah
- Virginia
- Washington
- Wisconsin
Registration may not be required in the following states once you have a federally registered trademark for your franchise’s principal trademark:
- Connecticut
- Maine
- North Carolina
- South Carolina
State franchise registration filing fees vary from state to state.
We will help you determine you initial target states and will prepare and submit necessary franchise registration applications in those states.
Annual Franchise Renewals
In the future, you must update your Franchise Disclosure Document and renew your state franchise registrations at least annually. We help our clients track state franchise renewal deadlines and help prepare and submit necessary renewal application documents.
Franchise Amendment Applications
You must also update your FDD and state franchise registrations whenever a “material” change occurs in the information contained in your FDD. With our help, you must submit those updates to relevant registration states for review and approval via an “amendment application” or an annual “renewal application” (if the material changes occur near state renewal deadlines).
International Franchise Disclosure and Registration
Several countries have franchise disclosure and registration requirements. We help clients expand their franchise operations abroad in compliance with applicable franchise laws. We may affiliate ourselves with franchise legal counsel in foreign jurisdictions as needed.
A common method of expanding franchise operations into foreign countries is through master franchising or master licensing. A master franchisee is often given the right by the franchisor to solicit new franchisees in the foreign territory. Also, a master franchisee is often given the right and obligation to provide specified initial and ongoing training, support, quality control and related services to the franchisees. The franchisor and the master franchisee typically share initial franchise fees and ongoing royalty fees paid by unit franchisees in the foreign jurisdiction.
In respect to Canada, the following Provinces require registration or special disclosure requirements: Alberta, New Brunswick, Ontario and Prince Edward Island.
