(Franchise Investment Law)The Department of Financial 2025

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The franchise disclosure document (FDD) is a legal disclosure document that must be given to individuals interested in buying a U.S. franchise as part of the pre-sale due diligence process. The document contains information essential to potential franchisees about to make a significant investment.
Generally, a franchisor does not have a duty to either its franchisee or its customer, but a duty could arise if the franchisor has sufficient control over the daily operations of its franchisee. The court will examine the relationship of the parties as well as the degree of control retained by the franchisor.
Franchise laws encompass federal and state laws regarding the offer and sale of franchises, registration and the legal relationship between franchisees and franchisors. In the United States, the Federal Franchise Rule, which the Federal Trade Commission (FTC) enforces, governs all franchise transactions.
Clause 46B requires that a franchisor not enter into a franchise agreement unless the agreement provides a reasonable opportunity for a return on the franchisees investment.
Franchising is governed by a complex set of federal and state franchise laws. On the federal level, the FTC requires with limited exceptions franchisors to provide a Franchise Disclosure Document (FDD) to those seeking to purchase and open a franchise anywhere in the United States.
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While many franchise requirements vary from state to state, the sale of every franchise across the country must meet federal requirements. Most of the federal obligations are contained in the Federal Franchise Rule at 16 C.F.R. 436 et seq.
The franchisor owns the overarching brand and allows franchisees to use their branding and business model for a limited period. The franchisor does not own the franchisees units of business. Franchisors are typically responsible for recruiting and selecting suitable franchisees.
The Franchise Investment Law governs the offer and sale of franchises in California. Through registration and oversight under the law, the DFPI supports a healthy and trusted financial marketplace.

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