Kentucky Franchise Law and FDD Registration

Kentucky Franchise Law

Kentucky is not considered a franchise registration state. There is no specific franchise law enacted. However, Kentucky is considered a franchise filing state. In the state of Kentucky someone who is planning on offering or selling franchise locations in Kentucky needs to comply with the business opportunity law in Kentucky. Under the Kentucky Business Opportunity Act franchisors are required to submit an exemption from registering their franchised business in Kentucky. A franchise is considered for exemption if it meets the definition of a franchise as defined by the Federal Trade Commission's Regulation on Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures found in Franchise Rule 16 CFR Part 436.

Note: It is also important to not solely consider state laws but to also consider federal laws that apply to franchising.

Filing for an Exemption of Franchised Business in Kentucky

In order to apply for exemption of franchise under the Kentucky Business Opportunity Act the following information needs to be submitted to the Office of the Attorney General of Kentucky:

• Affidavit of Business Opportunity Exemption

• Copy of Franchise Disclosure Document

There is currently (2016) no franchise filing fee in Kentucky.

The mailing address for the Kentucky Attorney General is:
Office of the Attorney General
Consumer Protection Division
1024 Capital Center Drive
Frankfurt, KY 40601

Do I Have to Refile a Kentucky Exemption Every Year?

No, it is not necessary to renew the Business Opportunity Exemption annually as it is a one-time filing.