Starting a Franchise: "State Specific" Franchise Information to Ask Your Franchise Lawyer
When starting a franchise, critical "legal issues" that you should discuss with your franchise lawyer relate to the "franchise laws" and the regulations that you will be required to comply with. Starting a franchise requires compliance with both federal and state specific franchise laws. When considering and evaluating "state regulation" consider and discuss (a) where your franchise company will be located, (b) the location of the franchises that you may sell or offer to sell, and (c) the when, where and in what state you will be offering franchise opportunities.
When considering "state specific" franchise regulation a distinction must be made as to whether or not a particular state is (a) a franchise registration state, (b) a "filing only" state, (c) a "notice only" state, and (d) a non-registration state. Your franchise attorney will discuss and evaluate this significance of the distinctions. However, at a basic level, it is important to consider that all "franchise registration states" have some type of franchise law and franchise statutes in place in order to ensure the franchise registration laws and any state specific franchise disclosure document laws are clearly defined and available to franchisors. State franchise laws can usually be found on sites published by the state such as an attorney general's website or the website for the state's department of corporations.
States that are non-registration states, filing only states or notice only states may or may not have a franchise law in place. Most states that are not franchise registration states either have no specific franchise law in place or have a state franchise act. If no specific franchise law is present the law which governs any franchise transactions in the state may fall under the state's business opportunity law. If a franchise law, franchise act or business law is in place it can usually be found on sites published by the state or on other areas on the web. If a copy of the law or act cannot be found you may consider contacting your state to find out where you can obtain a copy.
For additional information on franchise laws for a specific state when starting a franchise you may find it useful to speak with a franchise attorney who is licensed to practice franchise law in your state regarding any state specific franchise acts or franchise laws pertaining to starting a franchise in your state. An experienced franchise lawyer will be able to help you abide by the state laws to make the process of starting your franchise easier and to make sure it is being done correctly the first time.
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and Charles N. Internicola, Esq. and that the information contained on this site does not and cannot serve as a replacement for the competent legal advice of a licensed attorney in your state. Further you acknowledge that any and all citations to cases and statutes must be independently verified by competent legal counsel to confirm the validity and accuracy of such information. The content of this site is subject to the Copyright of its author and owner, Charles N. Internicola, Esq.
