Franchise Law: Developing A Franchise System
Franchise law is a broad category that encompasses dealerships, licensing, trademarks and trade regulations. In the United States, franchising is governed by both federal and state laws: the federal law is enforced by the Federal Trade Commission, and the state laws by the state agencies. Because franchise laws are complex and vary from state to state, you will need legal help if you are developing a franchise system.
Why Contact A Franchise Law Attorney?
If you are seeking to franchise your business, you can expect a franchise attorney to provide the following:
- Provide you with legal guidance and advice regarding your franchising options, particularly whether franchising your business is the best means of distribution and growth
- Offer legal assistance and insight on how to grow your franchise in the United States and/or internationally
- Prepare all documentation to register with the states
- Provide legal counsel on multiunit ownership
- Help you with various franchise-related legal transactions and dispute resolution
Franchise lawyers also offer their services to sub-franchisors, licensees, independent franchisee associations, area developers, dealers and distributors.
It is not uncommon for franchisors that are already in business to need to retain a new attorney, for one of many reasons. We are able to quickly develop an understanding of the system and your current and long-term needs. We work hard to make it a seamless transfer.
Franchise Legal Assistance
The founding member of our firm, Stephen A. Colley, has extensive experience with all areas of franchise law, having worked in the field for more than 30 years and previously working as an attorney with the San Diego Office of the Department of Financial Protection & Innovation, which handles franchise registration and enforcement for the state
As a franchisor, you will need assistance with developing the concept and then preparing the disclosure document known as the franchise disclosure document (FDD). The FDD must then be reviewed by the state agencies, with changes made to satisfy their requirements before registration can be completed and sales of franchises can begin. The process must be completed every year and in every registration state in which you want to sell franchises.