Last year, the North American Securities Administrators Association’s (NASAA) launched the Franchise Electronic Filing Depository System (“FRED”), the nationwide online filing portal for state franchise registration and exemption filings. Going
Continue Reading Franchise Renewal Season is Coming so What’s New with FRED?Washington Moves to Adopt NASAA SOP
This week the Washington Securities Division announced that it is considering an amendment to the Washington Administrative Code (“WAC”) to formally adopt the Statement of Policy Regarding the Use of
Continue Reading Washington Moves to Adopt NASAA SOPUpdate: This New Year’s Eve say Auld Lang Syne to Old Franchise Questionnaires and Acknowledgements
This fall we posted about the North American Securities Administrators’ (NASAA) adoption of a Statement of Policy Regarding the Use of Franchise Questionnaires and Acknowledgments (the “SOP”). Technically, NASAA’s SOP
Continue Reading Update: This New Year’s Eve say Auld Lang Syne to Old Franchise Questionnaires and AcknowledgementsDon’t Forget to Check Your Auditor’s Certification Before Franchise Renewal Time!
As expected, the majority of this year’s State Regulatory Update Workshop at the Annual ABA Forum on Franchising Annual Meeting in San Diego, focused on the new NASAA Statement
Continue Reading Don’t Forget to Check Your Auditor’s Certification Before Franchise Renewal Time!Is a National Program for Franchise Broker Registration Coming and Other Franchise Broker Tips & Takeaways
I had the pleasure this year along with fellow franchise attorneys, Gerry Wells of Rita’s Franchise Company and Allan Hillman of Garcia & Milas, to present at the ABA
Continue Reading Is a National Program for Franchise Broker Registration Coming and Other Franchise Broker Tips & Takeaways
Unintended Consequences of Franchise Rescission Rights
The right to rescind (or void) a contract is an extraordinary remedy. However, as franchise lawyers know, certain states provide franchisees a right to rescind a franchise agreement in certain
Continue Reading Unintended Consequences of Franchise Rescission RightsDecoding the “Necessities” vs. “Nice-ities” for Emerging Franchise Brands
When a business is deciding to franchise its concept, the task “to-do” list is never-ending. Identifying the most critical issues and deciphering what are “necessities” vs. “nice-ities” for an emerging
Continue Reading Decoding the “Necessities” vs. “Nice-ities” for Emerging Franchise BrandsRecent Illinois Case A Reminder of Broad Scope of “Franchise Fee” Element
The recent case of Rhine Enters v. Refresco Beverage out of the federal district court of the Southern District of Illinois should be a reminder to licensors and manufacturers
Continue Reading Recent Illinois Case A Reminder of Broad Scope of “Franchise Fee” ElementNASAA Adopts New Franchise Questionnaire Policy
As expected, the North American Securities Administrators Association (NASAA) announced last week that it voted to adopt a “Statement of Policy Regarding the Use of Franchise Questionnaires and Acknowledgements
Continue Reading NASAA Adopts New Franchise Questionnaire PolicyFDD Item 19 Financial Performance Representations in the Age of COVID-19
With most non-essential businesses closed across the country, it is easy to forget we are two weeks away from the April 30th Franchise Disclosure Document (FDD) update deadline for franchisors
Continue Reading FDD Item 19 Financial Performance Representations in the Age of COVID-19