Emerging & Mature Franchisors

Renewal & Registration

We assist franchisors of all sizes in preparing annual updates to their franchise documents, relying on our extensive experience with the leading franchise brands in the U.S.

State and federal law require you to update your Franchise Disclosure Document (FDD) at least annually, usually within 90 to 120 days after your fiscal year end, in order to continue offering or selling franchises. Further, 14 franchise registration states require you to file your FDD and register your franchise offering with the state before you can offer or sell franchises in that state or to residents of the state, unless an exemption exists. An additional 12 business opportunity registration states require the franchise offering be registered with the state, unless an exemption exists (such as a federally registered trademark). We guide franchisors through what is often seen as the most arduous task of franchising.

Our experienced franchise lawyers advice franchisors nationwide in preparing and updating their FDD, Franchise Agreement, and ancillary contracts for annual renewals required by state and federal law based on the latest legal developments, industry changes, and best practices. We then handle all state registration requirements nationwide so you can continue offering and selling franchises.

Registration & Renewal

Are your franchise documents current?

The legal and business aspects of franchising are evolving rapidly. With a continuous supply of case law on franchising and new regulations affecting everything from the franchise model to financial performance representations, and advances in technology and changes in consumer demands (and marketing strategies), franchisors should carefully review and revise their FDD and Franchise Agreement based on best practices. Fortunately, our attorneys are current on the latest legal and business developments in franchising.

In fact, our attorneys are frequent authors and annual speakers at the largest franchising conferences and participate in franchise task forces that draft franchise laws adopted by the states. We are committed to building knowledge about franchising beyond legal formalities and requirements.  Our clients appreciate our practical and legal knowledge—even those who have been franchising for years before working with us.

Franchise lawyers

Our franchise team has been called “the most impressive transactional team in the U.S."

See why Chambers USA: America’s Leading Lawyers for Business (2017) called our franchise team “the most impressive transactional team in the U.S." Contact us for a complimentary consultation on our legal services for franchisors, our fees, and how we can help you achieve your franchising goals.

"We have had the fortunate experience of working with the Larkin Hoffman firm since 1995 on our Franchise Disclosure Document renewals. They have consistently provided us with excellent knowledge in all aspects of the franchising industry."

Deb Hendrickson, Franchising Director

ABC Seamless

State Registrations

We handle state registrations in all states. We prepare all state applications and state addenda to the FDD and Franchise Agreement, and file the franchise offerings with the states that require registration. Should a state comment or request additional information, we are comfortable addressing any issues to ensure the quickest possible registration of your franchise offering. Registering your ‎franchise means completing a relatively simple filing in some states, but in most, the state will ‎do a comprehensive review of your documents to ensure they comply with applicable law and do not include ‎provisions that the state deems unfair.

Exemptions

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Financial Assurances

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Overview

State Franchise Registration Laws

The offer and sale of franchises is also governed by state laws that require the franchise offering first be registered and approved by the state before marketing for franchisees in those states and before the FDD can be provided to prospective franchisees.

14 state franchise registration states (blue) and 5 business opportunity states (green) require registration, and 7 additional business opportunity states (orange) also require registration unless the franchisor has a federally registered trademark.

State Franchise Registration Laws

Non-Registration States

An FDD will allow the franchisor to offer and sell franchises in 24 states (which do not have state franchise laws or state business opportunity laws) without any registration or filing fees.

An FDD must be provided to prospective franchisees.

State Franchise Registration Laws

Franchise Registration States

14 states have franchise laws that require the franchise offering first be registered and approved by the state before offering or selling franchises in those states.

Registration with the state and filing fees required.

An FDD must be provided to prospective franchisees.

State Franchise Registration Laws

Business Opportunity States

5 states have business opportunity laws that require a simple notice of exemption filing before offering or selling franchises in those states.

Registration with the state and filing fees required.

An FDD must be provided to prospective franchisees.

State Franchise Registration Laws

Business Opportunity States

7 states have business opportunity laws that require a modified FDD and registration before offering or selling franchises in those states.

Registration with the state and filing fees required. However, if the franchisor has a federally registered trademark, then no registration or filing fees required in these states.

An FDD must be provided to prospective franchisees.

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Material Change or Event

If a material change or event occurs in the franchise system or with the franchisor, state and federal law also requires you to update your FDD and file it with certain states within a certain time period after this material change or event occurs—even if your franchise offering is not yet due for renewal.  The time period to complete the update can be very short in some states.  We can help determine whether a change or event is “material” and if so, quickly update your FDD and register it where required, so you can continue offering and selling franchises.

"Strong bench of attorneys offering notable experience and expertise in ... regulatory and compliance work. Particularly well versed in the drafting and registering of franchise agreements and disclosure documents..."

Chambers USA: America’s Leading Lawyers for Business (2018)

Registration & Disclosure Resources

FPRs in the Time of COVID-19 – You May Be Required to Amend Your FDD – NOW

Chuck Modell June 30th, 2020

Update your Franchise Documents for 2020

Sawan Patel December 10th, 2019

New FDD State Cover Sheets and State Effective Dates Page

Starting January 1, 2020, franchisors will need to include new state cover sheets and state effective dates pages in their FDDs.

Sawan Patel June 5th, 2019