Laws for Starting a Franchise in Delaware | Internicola Law Firm

Franchise Registration Laws to Start a Franchise in Delaware

Delaware Franchise Registration Status: Non-Registration State
State Registration Fee: $0.00

Delaware does not have any franchise registration laws and is considered a non-registration state. Franchisors interested in offering or selling franchises in Delaware do not need to register or file anything with the state of Delaware to begin selling. Federal franchise laws are still applicable and must be followed.

The only franchise law in Delaware is the Delaware Franchise Security Act. The Delaware Franchise Security Act does not contain franchise registration or franchise filing requirements for the state of Delaware. Instead, this law is there to provide protection for the relationship between the franchisee and seller franchisor.

Preparing to Sell Franchise Locations in Delaware

Prior to selling a franchise in Delaware the franchisor must make sure they have a Franchise Disclosure Document (FDD) and that it contains the proper information. The FDD is a legal document that is required by all franchise businesses in the United States regardless of the state they are franchising a business in. The FDD must adhere to current Federal Trade Commission franchise laws. A franchise disclosure document contains a large amount of information about various aspects of your franchise business and, because of this, it is best to find a franchise lawyer to help with this process. If you desire to sell franchise locations outside of the state of Delaware a franchise lawyer can also help with state specific franchise laws in other states.

Federal Franchise Laws Applicable in Delaware

The Federal Trade Commission requires that a franchisor provide a copy of the current franchise disclosure document 14 days or more prior to the sale date in order to remain compliant with federal franchise laws. For the full FTC franchise law you may visit the Federal Trade Commission’s website.

Additional Delaware Resources

If you would like to know more about the service we offer to franchisors, visit our Franchise Counsel Program page.

Back to Franchise Launch Program

Let's Talk

With services to make your growth strategy simple, cost effective, and with a team excited to help you, let’s talk about how we can help grow your brand. Click on the button below or call us at (800) 976-4904.

Top Resources for Franchising Your Business

  • videoImg

    Franchise Sales Compliance Guide

    Are you a franchisor or a part of a franchise sales team? Do you want to learn more about franchise sale compliance and ensure that your sales practices comply with franchise laws and are consistent with best practices? Then this guide is for you. In this guide you’ll learn the... read more

  • videoImg

    The Ultimate Guide to Franchising Your Business

    In this guide you’ll learn the basics of franchising, how to franchise your business, and how to win at franchising. We’ll also take a deeper dive into legal requirements for franchising and why they matter, steps to take before and after you launch your franchise, and even some tips on... read more

  • videoImg

    Franchising vs. Licensing

    When considering expanding a business both franchising and licensing are possible options. In this guide, you'll learn the differences of franchising and licensing and understand how each will affect you. read more

all guides

  • None right now

all videos

  • videoImg

    Franchising Your Business: Advantages & Disadvantages

    Are you considering franchising your business? If so, its important to understand the advantages and disadvantages of franchising your business. Franchising is a legal and business model designed to achieve multi-unit expansion. Compared to organic expansion where you invest in and open multiple locations yourself, franchising allows you to recruit... read more

  • videoImg

    Documents to Start a Franchise

    The documents to franchise your business include the franchise disclosure document (FDD), franchise agreement, operations manual, financial statements, and state specific registration applications. Below we discuss each franchise document in detail. 1. Franchise Disclosure Document Before you can offer or  sell a franchise you are required to issue and disclose... read more

  • videoImg

    Is Your Business Franchisable and Should You Franchise?

    Franchising may be the next big step for your business and represents an opportunity to grow your brand. So, how do you know if franchising is right for you? How do you know if your business is franchisable and, if it is, whether or not you should franchise your business?... read more

all articles

  • videoImg

    Positioning Your Brand to Win at Franchise Sales

    In this webinar, Charles Internicola and Laura Meyer, founder of Joybrand Creative, talk about how to position your brand to win at franchise sales. Some topics include: How franchisors can develop their brand strategy How to differentiate your brand strategy between your targeted end-user customers and prospective franchisees for franchise... read more

  • videoImg

    How to Work With Franchise Brokers and Sell Franchises

    In this webinar, Charles N. Internicola, Esq. and Lisa Welko, CFE of Integrity Franchise Group discuss what it takes to make your brand attractive to franchise brokers and sell to qualified franchisees.  Selling franchises and building a durable franchise system - all comes down to being a "good franchisor," making... read more

  • videoImg

    Leveraging PR & Digital Media to Jumpstart Franchise Sales

    Key strategies to accelerate franchise growth for startup and emerging franchisors In this webinar, franchise attorney Charles Internicola and Nick Powills, founder of No Limit Agency and 1851 Franchise, discuss key strategies to accelerate franchise growth through PR and digital media. Some topics include: Steps franchisors should take when it... read more

all webinars

Let’s Talk

With services to make your growth strategy simple, cost effective, and with a team excited to help you, let’s talk about how we can help grow your business.

Fill out the following form and we’ll contact you as soon as possible. To reach our team directly, give us a call at (800) 976-4904.

An attorney client relationship is not established by submitting this initial contact information.