STEP 3

FRANCHISE REGISTRATION

STEP 3

FRANCHISE REGISTRATION

Franchising is governed under Federal Law, under 16 CFR 436, but registration with the Federal Trade Commission is not required. However, many states have their own franchise laws called little franchise statutes, many of which require that the Franchise register or file its FDD with a state agency. Our team knows the ins and outs of the registration laws and streamlines the process to getting your franchise registered. To learn about the state-by-state regulations for registering your franchise, see the below list:

  • Alabama

    Alabama is a non-registration state. Alabama has not enacted state franchise laws, but all franchises must comply with federal franchise law.

  • Alaska

    Alaska is a non-registration state. Businesses in compliance with the federal franchise laws are exempt from requirements regarding Alaska’s business opportunities.

  • Arizona

    Arizona is a non-registration state. Arizona has not enacted state franchise laws, but all franchises must comply with federal franchise law.

  • Arkansas

    Arkansas is a non-registration state. Although Arkansas does not require registration of franchises business opportunities, it does regulate other aspects of the franchise relationship.

  • California

    California registration state, meaning it requires registration of business opportunities. Franchisors must apply for registration of the FDD with the California Department of Business Oversight in accordance with 10 CA ADC § 310.111.

    To learn more about the franchising requirements for California, please visit this website.

  • Colorado

    Colorado is a non-registration state with no state-specific franchise or business opportunity laws. However, all franchises must comply with federal franchise laws.

  • Connecticut

    Connecticut registration state, meaning it requires business opportunities to be registered with the Connecticut Department of Banking. 236 C. 602. § 36b-62. However, a franchise whose primary trademark is registered with the USPTO may file an exclusion notice to claim an exemption from the requirement to register the FDD. 236 C. 602. § 36b-65.

    To learn more about the franchising requirements for Connecticut, please visit this website.

  • Delaware

    Delaware is a non-registration state. Delaware’s only state law regarding franchises is the Delaware Franchise Security Act

  • District of Columbia

    DC is a non-registration district. Since the District of Columbia is not a state, it is only governed by federal law.

  • Florida

    Florida provides franchises an exemption from the registration of business opportunities if the franchise meets the definition of a franchise in the federal franchise rule, 16 CFR 436. A franchise need only file according to Fla. Stat. § 559.802.

    To learn more about the franchising requirements for Florida, please visit this website.

  • Georgia

    Georgia is a non-registration state. There are no state-specific franchise or business opportunity laws, but all franchises must comply with federal franchise laws.

  • Hawaii

    Hawaii requires franchises to register its FDD with the Hawaii Department of Commerce and Consumer Affairs, according to Haw. Code R. § 16-37-1.

    To learn more about the franchising requirements for Hawaii, please visit this website.

  • Idaho

    Idaho is a non-registration state. Idaho does not currently have any laws regulating franchises or business opportunities. Thus, a franchise in Idaho only needs to be concerned with federal franchise law.

  • Illinois

    Illinois requires franchises to register the FDD with the Illinois Attorney General, per § 200.112 and Ill. Admin. Code § 200.600(c).

    To learn more about the franchising requirements for Illinois, please visit this website.

  • Iowa

    Iowa is a non-registration state. Iowa requires business opportunity filing, but franchises are exempt as long as they qualify as a franchise under the federal franchise law and provide the potential franchisee with the current FDD.

  • Indiana

    Indiana requires that franchises notify the Indiana Secretary of State on a form prescribed by the commissioner in accordance with Ind. Code 23-2-2.5-10.5.

    To learn more about the franchising requirements for Indiana, please visit this website.

  • Kansas

    Kansas is a non-registration state. Kansas does not have any state laws that regulate franchise registration or filing, so a Kansas franchise only needs to comply with the federal franchise laws.

  • Kentucky

    Kentucky requires franchises to file business opportunities before offering or selling any franchises in the state. A franchisor is exempt from the requirement to register business opportunities if it fits the definition of a franchise in the federal statute, 16 CFR 436.

    KRS 367.805

    To learn more about the franchising requirements for Kentucky, please visit this website.

  • Louisiana

    Louisiana is a non-registration state. Louisiana does not have any state laws regulating franchise registration or filing, but a franchise needs to comply with federal franchise law.

  • Maine

    Maine requires franchises to file business opportunities before offering or selling any franchises in the state. Every seller must register with the Securities Administrator before offering to sell a business opportunity. This includes Franchisors offering franchises. 32 M.R.S. § 4696

    To learn more about the franchising requirements for Maine, please visit this website.

  • Maryland

    Maryland requires franchises to file business opportunities before offering or selling any franchises in the state with Security Division of the Maryland Attorney General’s Office. Md. Code Regs. 02.02.08.04

    To learn more about the franchising requirements for Maryland, please visit this website.

  • Massachusetts

    Massachusetts is a non-registration state. Massachusetts does not have any franchise laws, nor does it require disclosure of business opportunities. Thus, a franchise only needs to comply with federal franchise law in Massachusetts.

  • Michigan

    Michigan requires franchises to file business opportunities before offering or selling any franchises in the state. Franchisors are not required to register the FDD, but must file a Notice of Intent with the Michigan Attorney General. Mich. Comp. Laws Serv. § 445.1507a

    To learn more about the franchising requirements for Michigan, please visit this website.

  • Minnesota

    Minnesota requires franchises to file business opportunities before offering or selling any franchises in the state. The FDD must be filed and registered with the Securities Division of the Minnesota Department of Commerce. Minn. R. 2860.1100

    To learn more about the franchising requirements for Minnesota, please visit this website.

  • Mississippi

    Mississippi is a non-registration state. No franchise law or business opportunity laws have been enacted in Mississippi, but a franchise still needs to comply with federal franchise law.

  • Missouri

    Missouri is a non-registration state. Missouri has neither franchise laws nor business opportunity laws. Only federal franchise laws will apply.

  • Montana

    Montana is a non-registration state. Since Montana has no state franchise laws or business opportunity laws, a franchise in Montana only needs to comply with federal franchise laws.

  • Nebraska

    Nebraska requires franchises to file business opportunities before offering or selling any franchises in the state. A franchisor must file either state-specific disclosures or the FDD with the Nebraska Bureau of Securities. Neb. Rev. Stat. 59-1724.

    To learn more about the franchising requirements for Nebraska, please visit this website.

  • Nevada

    Nevada is a non-registration state. Nevada has not enacted any franchise laws at the state level, but all franchises must comply with federal franchise law.

  • New Hampshire

    New Hampshire is a non-registration state. No state law regulates franchises in New Hampshire, but franchises must comply with federal franchise law.

  • New Jersey

    New Jersey is a non-registration state. New Jersey does not require registration of franchises at the state level, but it does regulate aspects of the franchise relationship.

  • New Mexico

    New Mexico is a non-registration state. New Mexico has no state specific franchise laws, but all franchises must comply with federal franchise law.

  • New York

    New York requires franchises to register the franchise with the New York Attorney General in accordance with 13 CRR-NY 200.3.

    To learn more about the franchising requirements for New York, please visit this website.

  • North Carolina

    North Carolina requires franchises to file business opportunities before offering or selling any franchises in the state. A franchisor must file the FDD with the North Carolina Secretary of State before offering and selling a franchise. N.C. Gen. Stat. § 66-95

    To learn more about the franchising requirements for North Carolina, please visit this website.

  • North Dakota

    North Dakota requires franchisors to file the FDD with the North Dakota Securities Department in accordance with. N.D. Cent. Code, § 51-19-07.

    To learn more about the franchising requirements for North Dakota, please visit this website.

  • Ohio

    Ohio is a non-registration state. While Ohio has a law regarding business opportunities, sellers who comply with federal franchise law are not subject to it.

  • Oklahoma

    Oklahoma is a non-registration state. Under Oklahoma law, a franchise that fully complies with federal franchise law is exempt from the registration requirement for business opportunities.

  • Oregon

    Oregon regulates franchises and requires franchisors to file the FDD with the Oregon Division of Finance and Corporate Securities in accordance with ORS § 650.010.

    To learn more about the franchising requirements for Oregon, please visit this website.

  • Pennsylvania

    Pennsylvania is a non-registration state. Federal franchise laws govern franchises in Pennsylvania, since it has no state laws regarding franchises.

  • Rhode Island

    Rhode Island is a franchise registration state, as it requires franchisors to file the FDD with the Rhode Island Department of Business Regulation, Securities Division. R.I. Gen. Laws § 19-28.1-9(a)-(b)

    To learn more about the franchising requirements for Rhode Island, please visit this website.

  • South Carolina

    South Carolina requires businesses to register with the South Carolina Secretary of State and notify it of an intention to offer or sell a business. If you have a registered trademark, a Franchisor can obtain a “no action letter” exempting the franchise offering from the business opportunity requirements. S.C. Code Ann. § 39-57-20

    To learn more about the franchising requirements for South Carolina, please visit this website.

  • South Dakota

    South Dakota requires franchisors to file the FDD with the Director of the Division of Insurance. D. Codified Laws § 37-5B-5

    To learn more about the franchising requirements for South Dakota, please visit this website.

  • Tennessee

    Tennessee is a non-registration state. Tennessee has no state franchise or business opportunity laws. However, all franchises must comply with federal franchise law.

  • Texas

    Texas requires franchises to file business opportunities before offering or selling any franchises in the state. Texas requires registration before a business opportunity may be offered. A franchisor in compliance with federal franchise law may be exempt from the registration requirement if it files a Business Opportunity Exemption notice with the Texas Secretary of State

    To learn more about the franchising requirements for Texas, please visit this website.

  • Utah

    Utah requires franchises to file business opportunities before offering or selling any franchises in the state. Franchisors with a valid franchise under federal franchise act may be exempt from Utah’s registration requirement for business opportunities if the franchisor files a “Notice of Exemption” with the Utah Division of Consumer Protection.

    To learn more about the franchising requirements for Utah, please visit this website.

  • Vermont

    Vermont is a non-registration state. Vermont has no franchise or business opportunity laws, but a franchisor must comply with federal franchise laws.

  • Virginia

    Virginia requires that franchisors file the FDD with the Stat Corporation Commission, in accordance with 21VAC5-110-55

    To learn more about the franchising requirements for Virginia, please visit this website.

  • Washington

    Washington requires franchisors to file the FDD with the Securities Division of the Washington State Department of Financial Institutions, according to WAC 460-80-125.

    To learn more about the franchising requirements for Washington, please visit this website.

  • West Virginia

    West Virginia is a non-registration state. West Virginia has not enacted any state business opportunity or franchise laws, but franchisors must comply with federal franchise laws.

  • Wisconsin

    Wisconsin requires franchisors to register the FDD with the Securities Division of the Wisconsin State Department of Financial Institutions. Wis. Stat. § 553.21

    To learn more about the franchising requirements for Wisconsin, please visit this website.

  • Wyoming

    Wyoming is a non-registration state. All franchisors must comply with federal franchise laws. Wyoming does not have any additional state-level franchise or business opportunity laws.

Helping Entrepreneurs Make Smart Franchise Decisions

TALK WITH JOSH

Helping Entrepreneurs Make Smart Franchise Decisions

TALK WITH JOSH

Helping Entrepreneurs Make Smart Franchise Decisions

TALK WITH JOSH
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Carmel, IN 46032

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Email: Josh@IndyFranchiseLaw.com

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Suite 100
Carmel, IN 46032

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