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Process to Register a Franchise in Virginia

Virginia franchise registration requirements according to the State Corporation Commission of the State of Virginia are as follows:

(A) An application for registration of a franchise in Virginia is made by filing with the commission the following completed forms and other materials:
  • Uniform Franchise Registration Application page, Form A;
  • Total Costs and Sources of Funds for Establishing New Franchises, Form B;
  • Uniform Consent to Service of Process, Form C;
  • If the applicant is a corporation or partnership, an authorizing resolution if the application is verified by a person other than applicant's officer or general partner;
  • Franchise Disclosure Document ("FDD");
  • Application fee (payable to the "Treasurer of Virginia"; and
  • Auditor's consent (or a photocopy of the consent) to the use of the latest audited financial statements in the Franchise Disclosure Document.
(B) If the date of the most recent audited financial statements in the Franchise Disclosure Document precedes the date of the application by more than 120 days, the Franchise Disclosure Document shall also include the following financial statements prepared in accordance with generally accepted accounting principles:
  • An unaudited interim balance sheet as of a date within 120 days of the date of the application; and
  • An unaudited statement of income or operations for the period from the most recent audited financial statements to the date of the interim balance sheet.
(C) The certifications made by or on behalf of the franchisor in Form A shall extend and apply to all documents and materials filed in connection with the registration application, including any documents and materials submitted to the commission subsequent to the initial filing that may be required to complete the registration application. (D) In addition to paper copies of the materials required by subsection A of this section, the franchisor may file one copy of the complete franchise registration application, including the Franchise Disclosure Document, on a CD-ROM in PDF format, subject to the following conditions:
  • The transmittal letter submitting the application must contain a representation that all of the information contained in the electronic file is identical to the paper documents;
  • The electronic version of the Franchise Disclosure Document must be text searchable; and
  • If the commission's review of the application results in any revision to the documents, the franchise must submit a revised CD-ROM containing a marked and unmarked final copy of the Franchise Disclosure Document, and final copies of all other application documents. The revised CD-ROM must be accompanied by a transmittal letter as described in subdivision 1 of this subsection.
For additional information on starting a successful franchise in Virginia request "The Franchise Formula: A Guide for Franchising your Business in the New Economy" by franchise lawyer Charles N. Internicola.


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IMPORTANT DISCLAIMER: The information contained on this website is provided for general educational purposes only, should not be relied on as legal advice and does not serve to create an attorney client relationship. In utilizing this website you acknowledge that there is no attorney client relationship between you 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.

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