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.
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.
"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 DirectorABC Seamless
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.
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.
Registration & Disclosure Resources
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.June 5th, 2019