A recent poster on LinkedIn asked about information on franchise law. Here is a copy of my response:
There are many, many different sources of information on franchise law.
1. For an overview, you might be interested in some of the consumer information on the Federal Trade Commission's web site. www.ftc.gov At that site, you can also access the FTC Franchise Rule, the Statement of Basis and Purpose, the FTC Compliance Guide and FAQs for a detailed look at the federal regulations (and interpretive materials) affecting franchising in the US.
2. The web site of the North American Securities Administrators Association (of which the franchise registration states are members) includes a wealth of information about state franchise laws. http://www.nasaa.org/industry-resources/corporation-finance/franchise-resources/
3. If you are interested in the franchise laws of any particular state, most state franchise regulatory agencies have information available on their web sites.
4. Many franchise lawyers (including me) provide educational information on their web sites.
5. There have been quite a few books published that include sections on franchise law, ranging from rather broad treatment in "Franchising for Dummies" to in-depth analysis and case citations in most of the publications of the American Bar Association's Forum on Franchising.
6. The International Franchise Association's web site at www.franchise.org has some information about franchise law.
There are various types of laws affecting franchising, including:
n pre-sale disclosure requirements,
n pre-sale registration requirements,
n on-going relationship issues between franchisor and franchisee (such as encroachment, discrimination, franchise buy-backs, use of designated suppliers, price setting, etc.), and
n end-of-relationship issues (such as termination, non-renewal, transfers, right of first refusal, etc.).
Franchise law other than pre-sale registration and disclosure is usually governed by case law, and is often harder to locate.
