Franchise Registration Changes Effective July 1, 2008

Franchise applications must comply with the Minnesota Franchise Act and, as of July 1, 2008, should be prepared in accordance with the 2008 NASAA Franchise Registration and Disclosure Guidelines. See below for links.

Franchise Registration Changes Effective July 1, 2007

The Federal Trade Commission's 2007 Franchise Rule has affected franchise registration requirements under the Minnesota Franchise Act.  A Notice explaining the effect on new and registered franchisors can be downloaded here.

All franchises, including business opportunities, offered or sold in Minnesota must either be registered or exempt from registration pursuant to the Minnesota Franchise Act codified in Minnesota Statutes Chapter 80C. All applications must comply with the Minnesota Franchise Act and, as of July 1, 2008, should be prepared in accordance with the 2008 NASAA Franchise Registration and Disclosure Guidelines.

The Minnesota Franchise Act prohibits franchisors from making an untrue statement of a material fact or an omission of a material fact. Further, the Commissioner may issue an order denying registration of a franchise if the franchisor's financial condition would affect its ability to fulfill its obligations, or if the sale itself or any term of the contract is unfair or inequitable.

View the Minnesota Franchise Act (Chapter 80C) and Minnesota Franchise Rules (Chapter 2860).

A General Information Sheet and a Franchise Registration Checklist will assist the applicant in the application process. These items can also be downloaded.

Fees:

• The application fee is $400.

• The annual report fee is $200.

• The amendment fee is $100.

• Make checks payable to the Minnesota Department of Commerce.

Required Forms:

• Uniform Franchise Registration Application (includes Certification Statement that must be notarized)

• Franchisor's Costs and Sources of Funds

• Uniform Consent to Service of Process (notarized, naming Minnesota Commissioner of Commerce)

• Franchise Seller Disclosure Form

• Consent of accountant

• Franchise Impoundment Agreement (may be required as a condition of registration)

• Franchisor Surety Bond (may be required as a condition of registration)

Financial Information:

• Audited financial statements

• Manually signed accountant's consent

Additional requirements:

• Franchise Disclosure Document

• All agreements that the franchisee may be required to sign

• Franchise advertising

Outside Resources

• FTC Franchise Rule

• 2008 NASAA Guidelines

Public documents related to frachises are available using our document search tool, Commerce Actions and Regulatory Documents (CARDs). Go to the document search tool.