Franchises

Franchises in the United States

A franchise is an agreement where one business (e.g., General Motors) licenses the right to use it name and/or to sell its products to another business (e.g., your local auto dealership).

Federal law requires franchises to provide disclosure statements to potential buyers (16 CFR 436.1 et seq.). The Federal Trade Commission oversees the law. The FCC-approved disclosure statement is called a “Franchise Disclosure Document” or FDD, and the company’s Franchise Agreement must be attached as Exhibit A. The FDD format became mandatory on July 1, 2008. Before then, the common format was the “Uniform Franchise Offering Circular” (UFOC) drafted by the North American Securities Administrators Association. Canadian franchise file a “Canadian Disclosure Document.”

There is no requirement that Franchise Disclosure Documents (FDDs) be filed with the Federal government. However, several states require franchise filings, including California, Hawaii, Illinois, Indiana, Maryland, Michigan (notice only), Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington and Wisconsin.

Legal Materials

You may be able to get copies by contacting the relevant state agency (see this list of State Offices Administering Franchise Disclosure Laws) or by contacting one of the specialized document retrieval services, such as Franchise-Insider.com; FRANdata; and FranchiseHelp. If the franchise is registered in California, you can search the free Cal-EASI database, which includes PDFs of filed documents.

In some cases, an FDD may be posted on the franchisor’s web site.

The IFA International Franchise Association’s Find a Franchise database provides contact information and basic information about the business (year started, # of franchises, etc.).

Compilations of Franchising Laws: The relevant Federal and state laws and regulations are compiled, with explanations, plus forms and lots of U.S. agency materials, in the CCH Business Franchise Guide and Matthew Bender’s Franchising. The CCH is available as a looseleaf, a CD-ROM, on Lexis (CCH;CCHTRD) and on CCH’s subscription-based Intelliconnect. The Bender is published as a looseleaf, as a CD-ROM and on Lexis (2NDARY;FRANNG). For a more affordable alternative, consider the Franchise Desk Book: Selected State Laws, Commentary and Annotations (ABA).

Directories: The venerable directory of franchises was Bond’s Franchise Guide(Source Media), which was last published in 2009 (20th ed.). Bond’s is a good place to get historical information on franchises. For current information, see the Franchise Directory on Source Media’s WorldFranchise website.

Forms:Some franchising forms are available in the “Franchising” section of Eckstrom’s Licensing in Foreign and Domestic Operations – Forms, which is available in print (from West) and on Westlaw (ECKLICNFO-FRAN).

Rankings and Surveys: Franchise Times compiles an annual list of the 200 largest franchises ranked by sales. Franchise owner satisfaction surveys are available fromFranchise Research Institute and Franchise Business Review.

Treatises: Franchising treatises include Franchising Law: Practice and Forms (Specialty Technical Publishers) and Franchising (LexisNexis/Matthew Bender). Aspen Publishers has a series of books on International Franchising in Industrialized Marketsand International Franchising in Emerging Markets.

You can find a general discussion of franchising laws in American Jurisprudence 2d. You can find a discussion of the franchising laws for a particular state in the relevant state’s legal encyclopedia (e.g., California Jurisprudence or the Maryland Law Encyclopedia).

Franchises and the State Laws

Select from the list of U.S. States below for state-specific information on Franchises:

Franchises (Cable Systems)

This section introduces, discusses and describes the basics of franchises. Then, cross references and a brief overview about Cable Systems is provided. Finally, the subject of Communications Law in relation with franchises is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Resources

See Also

Company Information
Federal Trade Commission

Further Reading

Franchises: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Franchises. This part provides references, in relation to Franchises, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Franchises by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Franchises and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Franchises or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Franchises and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Franchises. Finding these decisions can be challenging. In many cases, researchers about Franchises should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Franchises when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

*This resource guide is updated frequently. However, if you notice something is wrong or not working, or any resources that should be added, please notify us in any of the "Leave a Comment" area.

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