North Dakota Franchise Forms

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North Dakota 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 legal documents that set out the basic information about a business and its operations. In North Dakota, these articles include essential details such as the company's name, purpose, location, and the names of its owners or directors. Companies in North Dakota are required to submit their Articles of Incorporation to the Secretary of State in order to officially establish their business and gain legal recognition. It's like the business's birth certificate that outlines how it will operate and protects its rights under the law.


What to Include in Articles of Incorporation

When creating your Articles of Incorporation in North Dakota, it's important to include a few key elements. First, you should clearly state the name of your corporation, making sure it includes a proper ending like "Corporation" or "Limited." You will also need to provide the purpose of your corporation, clearly stating the nature of the business activities it will engage in. It's important to include the registered office address, which is where official documents will be sent. Additionally, you should specify the duration of the corporation, whether it is perpetual or for a specific period of time. Finally, you need to mention the names and addresses of the initial directors of the corporation. Including all these details will help ensure your Articles of Incorporation are complete and meet the requirements set by the state of North Dakota.


1. Full Name of Corporation

The full name of the corporation in North Dakota is a formal and official title given to a business entity that operates within the state of North Dakota. It is the complete and abbreviated name that is used to identify the corporation in legal and administrative documents. It may consist of several words or even include additional descriptors to specify the nature or purpose of the corporation. This name is crucial for ensuring proper identification and recognition of the business entity within the state of North Dakota.


2. Principal Place of Business

The principal place of business in North Dakota refers to the main location where a company carries out its daily operations and management activities within the state of North Dakota. It is essentially the central hub or headquarters of the company in this particular region. This is where important decision-making processes occur, such as strategizing business plans, overseeing employees, and conducting administrative tasks. It is a significant and essential part of a company's operations in North Dakota, serving as the base for its business activities in the state.


12. Limitation of Director’s Liability

In North Dakota, there are limitations on the liability of directors. This means that directors of a company cannot be personally held responsible for the debts or financial obligations of the company. The law protects directors from being personally sued if the company is unable to fulfill its financial obligations. However, there are some exceptions to this limitation, such as cases of fraud or misconduct by the directors. Overall, the limitations on director's liability provide some level of protection to directors in North Dakota while also ensuring that they are accountable for any wrongdoing.