The 3 Categories of Franchise State Registration Requirements

Expanding a franchise is an exciting time, but it also means learning new state franchise laws. Each state has unique laws in order to oversee franchises that enter the state. Some states require franchisors to register or file their Franchise Disclosure Document (FDD) before moving forward with franchise expansion. It’s 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.

1. Non-Registration States

Non-registration states simply require all franchisors have an FDD with a registered trademark. Once this step is complete, franchisors are able to sell their franchise without state intervention.

Current non-registration states include:

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.

2. Filing States

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.

Current filing states and fees include:

Connecticut - Initial Filing Fee: $400

Florida - Initial Filing Fee: $125

Kentucky  - Initial Filing Fee: No Fee

Maine - Initial Filing Fee: $25

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

3. Registration States

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 renew 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 include:

California - Initial Fee: $675

Hawaii - Initial Fee: $125

Illinois - Initial Fee: $500

Indiana - Initial Fee: $500

Maryland - Initial Fee: $500

Michigan (Only Notice) - Initial Fee: $250

Minnesota - Initial Fee: $400

New York - Initial Fee: $750

North Dakota - Initial Fee: $250

Rhode Island - Initial Fee: $500

Virginia - Initial Fee: $500

Washington - Initial Fee: $600

Wisconsin - Initial Fee: $400

Once you have decided which state you would like to expand to, you should contact that state’s government agency to move forward. It’s a long process, but it will be worth it once you open your doors to new consumers, create jobs in a new market and impact the local economy!