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Franchise registration states include California, Maryland, Michigan, Minnesota, New York, and North Dakota. Franchise filing states include Connecticut, Florida, Kentucky, South Carolina, and South Dakota.
California is a franchise registration state. So, you must register your FDD with the California Department of Financial Protection and Innovation (DFPI) prior to offering or selling franchises in California. California charges initial franchise registrants a $675 fee.
The fee for a post-effective amendment is $120. On the Department website, franchisors can access required forms including the Application for Franchise Registration, Consent to Service of Process, Franchise Seller Disclosure Form, and Guarantee of Performance.
Although South Carolina is not a franchise registration state, it has enacted Business Opportunity Laws that, if triggered, require the filing of a notice and, potentially, the registering of your franchise offering as a business opportunity.
South Dakota is a franchise registration state. So, you must file your FDD with the Division of Insurance and Securities Regulation of the South Dakota Department of Labor and Regulation prior to offering or selling franchises in the state.
Federal Franchise Registration Requirements The federal Franchise Rule does not require that a franchisor register or file its FDD with any specific federal agency, including the FTC.
Rhode Island is a franchise registration state, as it requires franchisors to file the FDD with the Rhode Island Department of Business Regulation, Securities Division.