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FDD Filing and Franchise Laws in North Carolina

North Carolina Franchise Registration Status: Filing State
State Filing Fee: $250.00

The State of North Carolina is a franchise filing state. This means that before offering and selling a franchise in the State of North Carolina a franchisor must first ensure that its Franchise Disclosure Document is current and filed with the North Carolina Secretary of State. Franchise filings with the State of North Carolina must be updated annually.

The North Carolina Department of the Secretary of State requires that franchisors annually file their Franchise Disclosure Document and pay a filing fee of $250. The filing falls under North Carolina’s Business Opportunity Laws and serves to authorize your franchise offering as an authorized and registered North Carolina business opportunity.

North Carolina Franchise Filing FAQ’s

Who Regulates the Filing of Franchises in the State of North Carolina?

The North Carolina Secretary of State regulates the filing of franchises that, in the State of North Carolina are treated as business opportunities.

Where are FDD’s Filed?

Applications for franchise filings are sent to:

North Carolina Secretary of State
2 South Salisbury Street
Raleigh, North Carolina 27601

Their telephone number is: (919) 807-2156

What Should I Include With My Franchise Filing?

Your franchise filing should include:

  • Cover letter addressed to the North Carolina Secretary of State;
  • Confirmation that the franchise offering does not trigger the posting of a bond under North Carolina’s Business Opportunity Statute (G.S. §66-96);
  • Two copies of the Franchise Disclosure Document;
  • Consent to service of process. This Consent must be specific to the State of North Carolina and not a uniform consent; and
  • Check Payable to “Secretary of State” in the amount of $250.

Will I receive Confirmation of my Franchise Filing?

If accepted you will receive confirmation which occurs through North Carolina’s issuance of “Business Opportunity” filing certificate. The certificate will confirm registration of your franchise as a business opportunity and will note your registration date.

Does North Carolina Have Business Opportunity Laws?

Yes. In fact, it is North Carolina’s Business Opportunity Laws that trigger the requirement that franchisors annually file their FDD with the North Carolina Secretary of State. When a franchisor files its FDD with North Carolina what it is actually doing is clearing and obtaining compliance with North Carolina’s Business Opportunity Laws. Once a filing is accepted the North Carolina Secretary of State will issue a notice advising you that your franchise offering has been registered as a business opportunity.

What Happens if I Fail to File My Franchise Disclosure Document?

If you offer and sell franchises in the State of North Carolina without first filing and maintaining your filing, you will, most likely, be in violation of North Carolina’s Business Opportunity Laws.

Helpful Links Concerning North Carolina’s Franchise Laws:

NC Secretary of State Business Opportunity Page - This is the primary business opportunity resource page published by the North Carolina Secretary of State. It includes important information about filing with the Secretary of State. Remember, in North Carolina franchises are treated as business opportunities.

NC Business Opportunity FAQ’s - This page provides useful FAQ’s and information about North Carolina’s Business Opportunity Laws, including what qualifies as a business opportunity and what are the exemptions. This page also includes North Carolina’s position in accepting a franchise disclosure document as a replacement to the business opportunity disclosure requirements under North Carolina Law section G.S. §66-95.

North Carolina Business Opportunity Law - This link is to the text of North Carolina’s Business Opportunity Sales laws.

Additional Franchise Resources:

Charles Internicola

by Charles Internicola
National Business and Franchise Lawyer

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