Expand across state lines without hiccups or holdups.
Scaling your franchise into new states and territories is a monumental milestone, but one that can be filled with nuance. Though each new state represents your growing business, it also presents its own unique set of requirements and laws. In particular, franchise registration states require franchisors to register their Franchise Disclosure Document (FDD) with the state before franchises can be offered or sold. These states include: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, Virginia, Washington, and Wisconsin.
Most of the states that require their own registration embark on a process of filing, reviewing, and approving your FDD as a measure of ensuring your franchise complies with all state and federal laws. As your franchising partner, FranSource will walk you through the procedures, requirements, and timelines for franchise registration states so your expansion continues without delay.
Outline of State Franchise Disclosure and Registration Laws
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
Business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
Franchise registration law is enacted. Registration is required, with a recommended filing time of 90 days. The registration fee is $675. The registration requirements include filing a Franchise Disclosure Document (FDD) with California Addenda and related documents. Related documents consist of:
- Uniform Franchise Registration Application
- Franchisor’s Costs and Sources of Funds
- Uniform Consent to Service of Process
- Franchise Seller Disclosure Form
- Guarantee of Performance (if required)
- Consent of Accountants
- Authorization of Disclosure of Financial Records
- Notice of Exemption for Interstate Advertisements (if you have a web site)
- Advertising or promotional materials directed to prospective franchisees
These documents must also be included as PDFs on a CD-ROM. Future advertising materials must be filed 3 days before use.
Business opportunity law is enacted. Contracts for Seller-Assisted Marketing Plan Act provides an exemption for franchisors who are effectively registered under the franchise registration law.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required. Must file a copy of the federal trademark registration and license agreement, if the trademark is owned by third party.
Business opportunity law is enacted. Business opportunity law provides exemption from registration for franchisors that have a federally registered trademark. If you do not have a federally registered trademark, you must file your FDD with the state along with Connecticut’s CT BOIA-1 Application to Register a Business Opportunity Investment. The filing fee is $400.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
Business opportunity law is enacted. Business opportunity law provides exemption for franchisors who have a federally or state registered trademark. A safe-harbor exemption for franchisors is obtained by filing a Notice of Exemption and payment of a $100 fee.
No franchise registration law is enacted. No franchise registration is required.
Business opportunity law is enacted. Business opportunity law provides exemption for franchisors who have a federally or state registered trademark.
Franchise registration law is enacted. Registration is required, with a recommended filing time of 30 business days. The registration fee is $50. The registration requirements include filing:
- Uniform Franchise Registration Application for Hawaii
- Uniform Consent to Service of Process for Hawaii
- Franchise Disclosure Document (FDD) and Exhibits including Hawaii specific addenda
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
Franchise registration law is enacted. Registration is required, with a recommended filing time of 90 days. The registration fee is $500. The registration requirements include filing the Franchise Disclosure Document (FDD) with Illinois Addenda and related documents. Related documents consist of:
- Uniform Franchise Registration Application
- Franchisor’s Costs and Sources of Funds
- Uniform Consent to Service of Process
- Franchise Seller Disclosure Form
- Guarantee of Performance (if required)
- Consent of Accountants
These documents must also be included as PDFs on a CD-ROM.
Business opportunity law is enacted. Franchisors who register under the Illinois Franchise Act do not also have to register under the Illinois Business Opportunity Act.
Notification state. Must file Notice of Intent, Uniform Consent to Service of Process and copy of FDD. Filing fee is $500.
Business opportunity law is enacted. Business opportunity law provides exemption for franchisors.
No franchise registration law is enacted. No franchise registration is required.
Business opportunity law is enacted. Business opportunity law provides an exemption to franchisors that are in compliance with the FTC Rule.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
Business opportunity law is enacted. Business opportunity law provides exemption for franchisors that are in compliance with the FTC Franchise Rule and for which a Notice of Exemption Affidavit and copy of FDD has been filed. There is no registration filing fee.
No franchise registration law is enacted. No franchise registration is required.
Business opportunity law is enacted. Business opportunity law provides exemption for franchisors having a federally or state registered trademark.
No franchise registration law is enacted. No franchise registration is required.
Business opportunity law is enacted. Business opportunity law provides exemption for franchisors having a federally registered trademark. If you do not have a federally registered trademark, you must file your FDD with the state. You are required to obtain a $30,000 surety bond or escrow account. The filing fee is $25.
Franchise registration law is enacted. Registration is required, with a recommended filing time of 90 days. The registration fee is $500. The registration requirements include filing a Franchise Disclosure Document (FDD) and Maryland Addenda and related documents. Related documents consist of:
- Uniform Franchise Registration Application
- Franchisor’s Costs and Sources of Funds
- Uniform Consent to Service of Process
- Franchise Seller Disclosure Form
- Guarantee of Performance (if required)
- Consent of Accountants
- Advertising or promotional materials directed to prospective franchisees
These documents must also be included as PDFs on a CD-ROM.
Business opportunity law is enacted. Business opportunity law provides exemption for effectively registered franchisors.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
Franchise registration law is enacted. Registration of an annual Notice of Franchise Offering, with a recommended filing time of 10 business days. The registration fee is $250. A state specific cover page must be prepared and included in all Michigan FDDs.
Business opportunity law is enacted. Business opportunity law does not apply to franchisors who meet the franchise laws definition of a franchise.
Franchise registration law is enacted. Registration is required, with a recommended filing time of 90 days. The registration fee is $400. The registration requirements include filing a Franchise Disclosure Document (FDD) and Minnesota Addenda and related documents. Related documents consist of:
- Uniform Franchise Registration Application
- Franchisor’s Costs and Sources of Funds
- Uniform Consent to Service of Process
- Franchise Seller Disclosure Form
- Guarantee of Performance (if required)
- Consent of Accountants
- Advertising or promotional materials directed to prospective franchisees
These documents must also be included as PDFs on a CD-ROM. Advertising materials must be filed 5 days before use.
No separate business opportunity law is enacted. Business opportunities are included in the definition of a franchise.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
Business opportunity law is enacted. “Seller-Assisted Marketing Plan” law provides an exemption for franchisors who are in compliance with the FTC Rule if the sale does not involve the use of phrases such as “buy back,” “secured investment” or the like. Franchisors must file Notice of Exemption and pay a $100 annual fee.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
If your franchise involves vending machines, racks, display cases or similar devices, you may be required to register under New Hampshire Distributorship Disclosure Act.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
Franchise registration law is enacted. Registration is required, with a recommend filing time of 90 days. The registration fee is $750. The registration requirements include filing a Franchise Disclosure Document (FDD) with New York Addenda and related documents. Related documents consist of:
- Uniform Franchise Registration Application
- Franchisor’s Costs and Sources of Funds
- Uniform Consent to Service of Process
- Anti-Fraud Statement
- Franchise Seller Disclosure Form
- Guarantee of Performance (if required)
- Consent of Accountants
- Advertising or promotional materials directed to prospective franchisees
These documents must also be included as PDFs on a CD-ROM.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
Business opportunity law is enacted. Business opportunity law provides exemption from registration for franchisors with a federally registered trademark. If you do not have a federally registered trademark, you must file your FDD with the state. The filing fee is $10.
Franchise registration law is enacted. Registration is required, with a recommended filing time of 30 business days. The registration fee is $250. The registration requirements include filing a Franchise Disclosure Document (FDD) with North Dakota Addenda and related documents. Related documents consist of:
- Uniform Franchise Registration Application
- Franchisor’s Costs and Sources of Funds
- Uniform Consent to Service of Process
- Franchise Seller Disclosure Form
- Guarantee of Performance (if required)
- Consent of Accountants
- Advertising or promotional materials directed to prospective franchisees.
These documents must also be included as PDFs on a CD-ROM. Advertising materials must be filed 5 days before use.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
Business opportunity law is enacted. Business opportunity law provides an exemption to franchisors who are in “full” compliance with the FTC Rule.
No franchise registration law is enacted. No franchise registration is required.
Business opportunity law is enacted. Business opportunity law provides exemption for franchisors that are in compliance with the FTC Rule.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required. Franchisors are subject to FTC Franchise Rule.
No business opportunity registration law is enacted. No business opportunity registration is required.
Franchise registration law is enacted. Registration is required, with a recommended filing time of 60 days. The registration fee is $250. The registration requirements include filing a Franchise Disclosure Document (FDD) with Rhode Island Addenda and related documents. Related documents consist of:
- Uniform Franchise Registration Application
- Franchisor’s Costs and Sources of Funds
- Uniform Consent to Service of Process
- Franchise Seller Disclosure Form
- Guarantee of Performance (if required)
- Consent of Accountants
- Advertising or promotional materials directed to prospective franchisees.
These documents must also be included as PDFs on a CD-ROM. Advertising materials must be filed 5 days before use.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
Business opportunity law is enacted. Business opportunity law provides exemption for franchisors with a federally or state registered trademark. Need to file Affidavit of Business Opportunity Exemption. There is no filing fee.
Franchise registration law is enacted. Need to file Franchise Notice Filing Application, Consent to Service of Process and PDF copy of FDD on CD-ROM and any advertising materials. The registration fee is $250.
Business opportunity law is enacted. Business opportunity law provides exemption for effectively registered franchisors.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
Business opportunity law is enacted. Business opportunity law provides exemption for franchisors that are in material compliance with FTC Rule. Notice of Exemption is required, with a recommended filing time of 10 business days. The filing fee is $25. This is a one-time filing, except if address changes.
No franchise registration law is enacted. No franchise registration is required. Franchisors are subject to FTC Franchise Rule.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
Business opportunity law is enacted. Business opportunity law provides exemption from registration as a business opportunity for franchisors with a federally or state registered trademark. All franchisors must file a Notice of Exemption form along with the payment of a $100 annual fee. Our fee is $380.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
Franchise registration law is enacted. Registration is required, with a recommended filing time of 60 days. The registration fee is $500. The registration requirements include filing a Franchise Disclosure Document (FDD) with Virginia Addenda and related documents. Related documents consist of:
- Uniform Franchise Registration Application
- Franchisor’s Costs and Sources of Funds
- Uniform Consent to Service of Process
- Franchise Seller Disclosure Form
- Guarantee of Performance (if required)
- Consent of Accountants.
These documents must also be included as PDFs on a CD-ROM.
Business opportunity law is enacted. Business opportunity law provides exemption for franchisors.
Franchise registration law is enacted. Registration is required, with a recommended filing time of 90 days. The registration fee is $600. The registration requirements include filing a Franchise Disclosure Document (FDD) with Washington Addenda and related documents. Related documents consist of:
- Uniform Franchise Registration Application
- Franchisor’s Costs and Sources of Funds
- Uniform Consent to Service of Process
- Franchise Seller Disclosure Form
- Guarantee of Performance (if required)
- Consent of Accountants
- Advertising or promotional materials directed to prospective franchisees.
These documents must also be included as PDFs on a CD-ROM. Advertising materials must be filed 7 days before use.
Business opportunity law is enacted. Business opportunity law provides exemption for franchisors subject to franchise registration law.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
Registration of a Uniform Franchise Registration Application, Uniform Consent to Service of Process and FDD and Exhibits with a recommended filing time of 10 business days. Registration can now be done electronically by credit card. The registration fee is $400.
No business opportunity registration law is enacted. No business opportunity registration is required.
No franchise registration law is enacted. No franchise registration is required.
No business opportunity registration law is enacted. No business opportunity registration is required.
What about states with registration exemptions?
Some states provide exemptions from registration based on a franchisor’s net worth or operational experience. These filings are typically waived by franchise registration states that trust franchisors with these qualifications have not committed severe sales violations and have the financial resources to be held accountable should a violation later occur.
Determining whether you are eligible for an exemption in franchise registration states can be a complex question. FranSource lends its franchise development expertise and connects franchisors with experienced legal counsel to assist in navigating these questions without added complications.
States that provide exemptions include: California, Illinois, Indiana, Maryland, New York, North Dakota, Rhode Island, Washington, and Virginia.
Certain franchise registration states employ “large franchisor” exemptions, however certain limitations do apply. Most importantly, the FTC Rule does not provide a similar exemption, so disclosure is still required under the FTC Rule even if a state exemption is allowed.
Overview of Net Worth Requirements
Exemptions based on net worth requirements vary state to state. Here are some examples:
- $5 million in California, Illinois, Indiana, New York, and Washington
- $10 million in Maryland, North Dakota, and Rhode Island
- $15 million in Virginia (Illinois and New York also have a $15 million “super large” franchisor exemption).
For franchise registration states with these requirements, franchisors must prove their net worth using audited financial statements. These exemptions also allow a franchisor to rely on the financial statements of its parent company so long as the franchisor has a minimum net worth of $1 million (or $3 million in the case of New York’s super large exemption).
Overview of Experience Requirements
Experience is another metric use to extend exemptions. Every registration state (except for super-large franchisor exemptions in New York and Illinois) include a minimum experience requirement for its large franchisor exemption. A franchisor must have a minimum number of years operating the business as a franchise. Though it varies by state, a franchisor is typically expected to have at least 25 franchised units in operation over the last five years. Depending on the situation, some states will allow parent companies to fulfill these standards.
Should I franchise my business?
There are many variables that a business must first consider before embarking on a franchise development program. As an initial step in determining the viability of franchising your business, we invite you to complete our 15 Key Questions Franchise Quiz.
Become our next franchising success!
Read testimonials from clients who chose FranSource to be their franchise consulting company.
Get Started - Contact Us
Fill out the form below for a FREE Franchise Consultation
A FranSource representative will be in touch within 48 business hours.
*Required