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Prepare
all your documents
2. Legal Documents Required of Franchisors
There
are two official documents that a franchisor may use
to comply with the FTC Rule-the FTC Disclosure
Document (FTC Document) and the Uniform Franchise
Offering Circular (UFOC). The FTC document does
not meet the requirements of most state disclosure
laws, whereas the UFOC is accepted (with minor differences)
in all states with franchise disclosure laws. The
two documents possess similarities, but the franchisor
must pick one or the other. Most franchisors opt for
the UFOC, because of its wider acceptance. This is
the document we will focus on.
What
is the UFOC?
The UFOC is a document that contains information franchisors
must provide you by law, designed to assist you in
analyzing the merits of your potential franchisor.
In fact, a franchisor must provide a prospective franchisee
with a UFOC at their first face-to-face meeting or
at least ten business days prior to the signing of
the franchise agreement, whichever is earlier.
Keep in mind that neither the FTC nor any of the states
has reviewed the offering circular to determine whether
the information submitted is true or not. They merely
require that the franchisor make representations based
upon a prescribed format. If the information provided
is false, franchisors are subject to civil penalties.
However, it is far less costly to avoid making a mistake
in the first place with solid research of your own.
How can I get a hold of a UFOC?
Most franchisors request the following information
from you before sending you a copy of its UFOC:
· Assets
· Liabilities
· Net Worth
· Sources of Income
· Educational History
· Previous Employment
· Credit References
· Personal References
· Motivation for Buying a Franchise
Try to obtain a UFOC before franchisor approval so
that you can avoid submitting personal information
to a franchise that you may decide not to pursue.
Please refer to our Resource Center for information
on how you can obtain a franchisor's UFOC for viewing.
So what does a UFOC contain?
A UFOC contains the following required information:
1. The Franchisor and Any Predecessors
2. Identity and Business Experience of Persons Affiliated
with Franchisor
3. Litigation
4. Bankruptcy
5. Franchisee's Initial Fee/Other Initial Payments
6. Other Fees
7. Franchisee's Initial Investment
8. Obligations of Franchisee to Purchase or Lease
from Designated Sources
9. Obligations of Franchisee to Purchase or Lease
in Accordance with Specifications or from Approved
Suppliers
10. Financing Arrangements
11. Obligations of the Franchisor; Other Supervision,
Assistance or Services
12. Exclusive Area of Territory
13. Trademarks, Service Marks, Trade Names, Logotypes
and Commercial Symbols
14. Patents and Copyrights
15. Obligations of the Franchisee to Participate in
the Actual Operation of the Franchise Business
16. Restrictions on Goods and Services Offered by
Franchisee
17. Renewal, Termination, Repurchase, Modification
and Assignment of the Franchise Agreement and Related
Information
18. Arrangements with Public Figures
19. Actual, Average, Projected or Forecasted Franchise
Sales, Profits or Earnings
20. Information Regarding Franchises of the Franchisor
21. Financial Statements
22. Contracts
23. Acknowledgment of Receipt by Respective Franchisee
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Is Franchising for You?
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