Franchise Filing in Nebraska
Nebraska Franchise Registration Status: Filing State
State Registration Fee: $100.00 (Initial Filing); $50.00 (Renewal)
Nebraska is considered a franchise filing state. This means that prior to offering or selling a franchise in Nebraska you must file information with the State of Nebraska Bureau of Securities. Also, you must take into consideration the franchise laws put in place at a federal level which must be followed regardless of what state you are offering a franchise in.
The State of Nebraska Bureau of Securities has different requirements for filing depending on if you are using a "state specific" Nebraska disclosure document or a "national type" disclosure document. A national type is considered either a Uniform Franchise Offer Circular or a franchise disclosure document in accordance with Federal Trade Commission laws. Requirements for both are discussed below:
"State Specific" Nebraska Disclosure Document:
The state of Nebraska regulates business opportunities and franchises that are sold within the state under the Nebraska Nebraska Seller Assisted Marketing Plan Act (the SAMP Act). Under the SAMP act business opportunities and franchises must be filed with Nebraska Bureau of Securities. Under the SAMP Act a franchisor maintains an option to prepare a Nebraska compliant franchise disclosure document. However this disclosure document can only be used within the State of Nebraska and is unnecessary if you develop and maintain a current and compliant "national" FDD developed in accordance with the Federal Franchise Rule. If you are relying on a Nebraska Specific disclosure document under the SAMP Act, the following filing information applies:
- A state specific disclosure document (specific requirements are discussed in the Nebraska SAMP Act);
- A list of names and resident addresses of individual selling the franchise (must be resubmitted every 6 months);
- Initial filing fee of $100 (annual renewal fee of $50)
"National Type" Disclosure Document (this form of filing is considered an exemption filing):
If you are a national franchisor and you maintain a FDD that is current and compliant with the Federal Franchise Rule, you may file a exemption notice with the Nebraska Bureau of Securities. In such a case, your filing with the State of Nebraska will "exemption notice" where you affirm to the Nebraska Bureau of Securities that your franchise offering complies with the Federal Franchise Rule.
- A completed Seller Assisted Plan Exemption Notice; and
- One-time filing fee of $100
Filings should be mailed to the State of Nebraska Bureau of Securities at the following address:
Nebraska Department of Banking and Finance
Attn: Bureau of Securities
P.O. Box 95006
Lincoln NE 68509
Additional Nebraska links and resources:
Continued Franchise Compliance
It is important for franchisors to continue to strive for compliance with state and federal franchise laws. For the franchisor this means annually updating their FDD and filing any appropriate documents or fees due. Learn more about how our firm assists franchisors with franchise compliance through our Franchise Counsel Program.
For state specific franchise laws in other states, click here.