FDD Filing and Franchise Laws in North Carolina | Internicola Law Firm

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:

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:


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

    How to Franchise 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 a successful business owner? Are you looking for ways to expand your business? If so, this article will provide the answers you need to decide whether franchising your business is the right step for you. In short, franchising allows you, the franchisor, to create a relationship among several... read more

  • videoImg

    Documents To Start A Franchise

    Under federal law, prior offering or selling a franchise in any state, franchisors are required to disclose a franchise disclosure document (FDD) to their prospective franchisees. In addition to federal law certain states, including the franchise registration states, require that franchisors register their FDD with the state. The legal documentation... 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.

closeIcon