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Franchisors
To set up your franchise, we initially review your business plan and existing operation (including conferences with you and your staff). Then we prepare all necessary documents to comply with the law and permit you to offer and sell franchises. We charged a single flat legal fee for the complete package of franchise formation and compliance services (including preparation of franchise offering circular, franchise agreement and related exhibits (one version for use in California and another version for use in the non-registration states), multiple conferences to develop franchise program, franchise registration in California (not including state filing fee), payable in three installments: 50% as a retainer, 30% when the final franchise offering circular is delivered to you and 20% when franchise registration has been obtained in California. We could have you in a position to offer franchises in 32 states (including Arizona and Nevada) in 30 days and in California within six weeks.
Before you can offer or sell your franchise in the other 17 states, you must first register or make an exemption notice filing with franchise regulatory authorities. The states that require filing and applicable costs for the initial registration of your franchise are listed in the Filing Fees page.
REGISTRATION STATES
(MUST BE REGISTERED BEFORE YOU
CAN OFFER OR SELL - NEED STATE
SPECIFIC UFOC)
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NON-REGISTRATION (OR "FTC") STATES
(NO FILING - YOU CAN OFFER AND SELL WHEN
FTC UFOC IS COMPLETED)
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California
Hawaii
Illinois
Indiana
Maryland
Michigan
Minnesota
New York
North Dakota
Rhode Island
South Dakota
Virginia
Washington
Wisconsin
EXEMPTION STATES
(MUST BE REGISTERED BEFORE YOU
CAN OFFER OR SELL - USE FTC UFOC)
Florida
Kentucky (One-time filing)
Nebraska (One- time filing)
Texas (One- time filing)
Utah
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Alabama
Alaska
Arizona
Arkansas
Colorado
Connecticut (if federal trademark is registered)
Delaware
Georgia
Idaho
Iowa
Kansas
Louisiana
Maine
Massachusetts
Mississippi
Missouri
Montana
Nevada
New Hampshire
New Jersey
New Mexico
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
Tennessee
Vermont
West Virginia
Wyoming
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Most prospective franchisors already have an existing business in operation and in these circumstances, we recommend a separate corporation be formed in order to insulate your ongoing business from franchising activities and to minimize the cost of audited financial statements required to be included in your offering circular. If your existing attorney isn't doing this work for you, we could form a California corporation for a flat fee.
In order to complete your franchise offering circular, you must obtain certified financial statements from an independent accountant. The costs for an audit vary depending on the length of time the corporation has been in existence. For a newly formed corporation, the costs of an audit should be relatively minimal. If you elect to conduct the franchise from an existing entity that not previously been audited and is conducting (or has conducted) retail business operations, the cost of the audit will be greater. Accountants' fees vary and you should determine what your existing accountant (if you have one) would charge. If you have no accounting firm that would be willing to provide audited financial statements, we could refer you to an excellent accounting firm who can prepare audited statements on a newly-formed company for a very competitive flat fee.
Another necessity for a franchise is a registered trademark or service mark. If you don't already have it registered or if your existing attorney isn't doing this work for you, we could refer you to trademark counsel. Also, our firm can register a California trademark for you for a flat legal fee plus the state filing fee of $70.
The costs for postage, photocopies, and telephone toll charges are absorbed in the hourly or flat legal fee charged. Other expenses advanced for you (including filing fees to franchise regulatory or other government agencies, minute books, airline travel expenses or courier services, such as FedEx or UPS) are billed at actual cost.
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