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Nebraska Franchise Filing and FDD Registration: Nebraska Franchise Laws
Nebraska is a Franchise Filing State. The one-time FDD filing fee is $100.
Nebraska is a franchise filing state, not a registration state. Prior to offering or selling a franchise in Nebraska, you must file a notice with the State of Nebraska Department of Banking and Finance, Bureau of Securities. The initial Nebraska filing fee is $100.
To learn more about selling franchises in Nebraska and how we can help with your FDD filing, give us a call at (800) 976-4904 or contact us.
What Are the FDD Filing Requirements in Nebraska?
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 (FDD) 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 Seller-Assisted Marketing Plan Act (the SAMP Act). Under the SAMP Act, business opportunities and franchises must be filed with the 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 residence addresses of individuals selling the franchise (must be resubmitted every 6 months); and
- An initial filing fee of $100 (annual renewal fee of $50)
“National Type” Disclosure Document (Considered an Exemption Filing):
If you are a national franchisor and you maintain an FDD that is current and compliant with the Federal Franchise Rule, you may file an exemption notice with the Nebraska Bureau of Securities. In such a case, your filing with the State of Nebraska will be an “exemption notice” where you affirm to the Nebraska Bureau of Securities that your franchise offering complies with the Federal Franchise Rule. You must file:
- A completed Seller-Assisted Plan Exemption Notice; and
- A 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
Helpful Nebraska Franchise Law Links and Resources:
Visit our interactive franchise registration map and learn more about state franchise laws, FDD registration states, and required franchise filings.
To learn more about how we can help you with your franchise registrations and growing your franchise in Nebraska and across the United States, contact us at (800) 976-4904 or contact us online.