Some states, but not all, require franchisors to register or file their Franchise Disclosure Document (FDD) before moving forward with franchise expansion. It is important to understand that states fall into three categories when it comes to registration requirements: non-registration states, filing states and registration states. Below, you will find a detailed explanation of what these requirements mean and which states are impacted by each category.
In registration states, the Federal Trade Commission (FTC) requires the franchisor’s FDD be registered with that state before a franchise can expand within that state. The FDD will be reviewed by the state and edits will be provided to the franchisor. In addition to the FDD registration, franchisors will be required to pay a registration fee and an annual renewal fee. It is helpful to consult a franchise lawyer during the registration process because failure to abide by state laws can result in penalties and fines.
Current registration states and fees:
California - Initial Fee: $675
Connecticut - Initial Fee: $400
Hawaii - Initial Fee: $125
Illinois - Initial Fee: $500
Indiana - Initial Fee: $500
Maine - Initial Fee: $25
Maryland - Initial Fee: $500
Michigan (Only Notice) - Initial Fee: $250
Minnesota - Initial Fee: $400
New York - Initial Fee: $750
North Carolina - Initial Fee: $250
North Dakota - Initial Fee: $250
Rhode Island - Initial Fee: $500
South Carolina - Initial Fee: $100
Virginia - Initial Fee: $500
Washington - Initial Fee: $600
Wisconsin - Initial Fee: $400
Non-registration states simply require all franchisors to have an FDD with a registered trademark. Once this step is complete, franchisors are able to sell their franchise without state intervention.
Alabama
Alaska
Arizona
Arkansas
Colorado
Delaware
District of Columbia
Georgia
Idaho
Iowa
Kansas
Louisiana
Massachusetts
Mississippi
Missouri
Montana
Nevada
New Hampshire
New Jersey
New Mexico
Ohio
Oklahoma
Oregon
Pennsylvania
Tennessee
Vermont
West Virginia
Wyoming
Filing states require franchisors to pay a fee and file their FDD with the state. Once the FDD is filed and fees are paid, the franchise is welcome to expand into that state. There is typically no FDD review process in filing states.
Connecticut - Initial Filing Fee: $400
Florida - Initial Filing Fee: $125
Kentucky - Initial Filing Fee: No Fee
Nebraska - Initial Filing Fee: $100
North Carolina- Initial Filing Fee: $10
South Carolina - Initial Filing Fee: No Fee
South Dakota - Initial Fee: $250
Texas - Initial Filing Fee: $25
Utah - Initial Filing Fee: $100
In this story
This story was originally published in 1851 Franchise on July 7, 2020. Burnaze summarizes and links to the original reporting.
Read the full story at 1851 FranchiseLiked this? Get the week's franchise news, explained
- Sunday 8 AM ET weekly + a monthly deep dive
- Sections picked for the industries you follow
- Every claim linked to its source. Free.
