Idaho Franchise Forms - Idaho Franchise Law

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Idaho Franchise Forms FAQ

What is a franchise?

There is a definition of a franchise which has been developed by the Federal Trade Commission. Basically, a franchise involves an owner of a trademark, trade name and/or copyright giving others a license under certain conditions to use these trademarks, trade names or copyrights in providing goods or services to the public. The franchisor is the party who grants the franchise, and the franchisee is the party who receives the franchise.

What is the legal relationship between a franchisor and franchisee?

Technically, the relationship between a franchisor and franchisee is a relationship between two independent contractors. Their rights are determined by the franchise agreement. A franchise then is not a separate business entity, but is a business relationship between two separate business organizations such as a sole proprietorship, a corporation, or a partnership. The relationship between the franchisor and franchisee is controlled by the franchise contract. A corporation, sole proprietorship, or partnership may own the franchise contract or may be the entity entering into the franchise contract.

What laws govern franchises?

There are laws that restrict termination of some franchises. In some states, prior notice of termination is required. Owners of automobile dealership franchises are protected from termination of their dealerships in bad faith. This protection is provided by the Federal Automobile Dealers Franchise Act.


What are Articles of Incorporation?

Articles of Incorporation are official legal documents that are required to form a corporation. They outline important details such as the company's name, purpose, location, and structure. In the case of Idaho, the same rules apply. When incorporating a business in Idaho, the Articles of Incorporation need to be filed with the Idaho Secretary of State. These documents provide crucial information about the corporation, ensuring it is properly recognized and established under Idaho laws.


What to Include in Articles of Incorporation

Articles of Incorporation is a legal document that officially establishes a corporation in Idaho. It contains important information about the corporation's structure, purpose, and operation. To create effective Articles of Incorporation in Idaho, you should include basic details like the corporation's name and address, as well as the names and addresses of the incorporates. It's crucial to clearly outline the corporation's purpose and activities, emphasizing the specific nature of its business operations. Additionally, the Articles should define the authorized shares of stock, the different classes, and any special rights or restrictions associated with them. It is important to provide the corporation's registered agent's name and address for legal correspondence. Overall, the Articles of Incorporation in Idaho should be clear, concise, and comply with the state's legal requirements to effectively establish a corporation.


1. Full Name of Corporation

The corporation's full name in Idaho is the complete legal identification of a business entity registered in the state of Idaho. It is a combination of the unique name chosen by the corporation and the geographical indicator "in Idaho" to denote the location where the corporation is registered. The full name is used to officially identify and distinguish the corporation from others operating in Idaho and is a significant aspect for legal, administrative, and business purposes within the state.


2. Principal Place of Business

The principal place of business refers to the main location or headquarters where a company conducts its day-to-day operations. In the context of Idaho, it signifies the primary office or facility where a business is based and performs its essential functions. It could be a physical address or a designated space that serves as the central hub for administrative tasks, management decisions, and coordination of business activities within the state of Idaho.


12. Limitation of Director’s Liability

In Idaho, there are certain limits to the liability of directors. This means that directors of a company are not personally responsible for all the debts and obligations of the company. Instead, their liability is limited to a certain extent. This provides directors with some protection from being held personally accountable for the financial losses or legal issues of the company. However, it is important for directors to understand that there are still circumstances where they can be held personally liable, such as if they engage in fraudulent or illegal activities. Therefore, while there are limitations to director's liability in Idaho, it is essential for directors to act responsibly and within the bounds of the law.