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 Franchise or Business Opportunity?

 

Business opportunities are less structured than franchises, so the definition of what constitutes a business opportunity isn't easy to pin down. In essence, a business opportunity is any package of goods or services that enables the purchaser to begin a business and in which the seller represents that it will provide a marketing or sales plan, that a market exists for the product or service, and that the venture will be profitable.

 

Here are other key factors:

 

A business opportunity doesn't generally feature the seller's trademark; buyers operate under his or her own name.

 

Business opportunities tend to be less expensive than franchises and generally don't charge ongoing royalty fees.

 

Business opportunities allow buyers to proceed with no restrictions as to geographic market and operations.

 

Most business opportunity ventures have no continuing supportive relationship between the seller and the buyer; after the initial package is sold, buyers are on their own.

 State Offices Administering Franchise Disclosure Laws
 

 

Fifteen states have franchise investment laws that require franchisors to provide pre-sale disclosures, known as "offering circulars," to potential purchasers. Thirteen of these state laws treat the sale of a franchise like the sale of a security. They typically prohibit the offer or sale of a franchise within their state until a franchise offering circular has been filed on the public record with, and registered by, a designated state agency. Two of the fifteen states do not require a filing of offering circulars, as noted in the list of state offices below.

 

These state laws give franchise purchasers important legal rights, including the right to bring private lawsuits for violation of the state disclosure requirements. We encourage potential franchise purchasers who reside in these states to contact their state franchise law administrators for additional information about the protection these laws provide.

 

California (filing req'd)
Franchise Division
Department of Corporations
1515 K Street
Sacramento, CA 95814
(916) 445-7205

 

Hawaii (filing req'd)
Franchise & Securities Division
State Department of Commerce
P.O. Box 40
Honolulu, HA 96813
(808) 586-2722

 

Illinois (filing req'd)
Franchise Division
Office of Attorney General
500 South Second Street
Springfield, IL 62706
(217) 782-4465

 

Indiana (filing req'd)
Franchise Division
Office of Secretary of State
302 W. Washington St., Rm. E111
Indianapolis, IN 46204
(317) 232-6681

 

Maryland (filing req'd)
Franchise Office
Division of Securities
200 St. Paul Place - 20th Floor
Baltimore, MD 21202

 

Michigan (only notice req'd)
Consumer Protection Division
Franchise Section
PO Box 30213
Lansing MI 48909

 

Minnesota (filing req'd)
Franchise Division
Department of Commerce
133 East Seventh St.
St. Paul, MN 55101
(651) 296-6328

 

New York (filing req'd)
Franchise & Securities Division
State Department of Law
120 Broadway
23rd Floor
New York NY 10271
(212) 416-8211

 

North Dakota (filing req'd)
Franchise Division
Office of Securities Commission
600 East Boulevard - 5th Floor
Bismarck, ND 58505
(701) 328-2910

 

Oregon (no filing)
Corporate Securities Section
Dept. of Insurance & Finance
Labor & Industries Bldg.
Salem, OR 97310
(503) 378-4387

 

Rhode Island (filing req'd)
Franchise Office
Division of Securities
233 Richmond St. - Suite 232
Providence, RI 02903
(401) 222-3048

 

South Dakota (filing req'd)
Franchise Office
Division of Securities
910 E. Sioux Avenue
Pierre, SD 57501
(605) 773-4013

 

Virginia (filing req'd)
Franchise Office
State Corporation Commission
1300 E. Main St.
Richmond, VA 23219
(804) 371-9276

 

Washington (filing req'd)
The Department of Financial Institutions
Securities Division
P.O. Box 9033
Olympia, WA 98507-9033
Voice: (360) 902-8760
Fax: (360) 586-5068

 

Wisconsin (filing req'd)
Franchise Office
Wisconsin Securities Commission
P.O. Box 1768
Madison, WI 53701
(608) 266-3364

 

This information has been provided by the Federal Trade Commission.

 

States With Business Opportunity Disclosure Laws

 

Twenty-three states have business opportunity laws. Most of these laws prohibit sales of business opportunities unless the seller gives potential purchasers a pre-sale disclosure document that has first been filed with a designated state agency.

 

State business opportunity laws typically cover every imaginable type of business opportunity that might be offered. If a business opportunity seller is not required to provide pre-sale disclosures by the Franchise Rule, these disclosures will almost always be required by the laws of the states listed below.

 

The disclosures required by state business opportunity laws differ, and usually provide more abbreviated information than the Franchise Rule requires. However, most of these laws provide important rights and remedies for business opportunity investors, including required security bonds to cover investor losses.

 

If you are considering purchasing a work-at-home or other business opportunity, and reside in a state with a business opportunity law, we encourage you to find out more about the protection provided by your state statute before you invest.

 

California (filing required)
Attorney General's Office
Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244-2550
Toll-free in California only (800) 952-5225
Out-of-state callers (916) 322-3360

 

Connecticut (filing required)
Department of Banking
Securities Division
260 Constitution Plaza
Hartford, CT 06103
Phone: (860) 240-8230
Toll-free: 800-831-7225
Fax: 860-240-8295

 

Florida (filing required)
Dept. Agri. & Consumer Services
Room 110 - Mayo Building
Tallahassee, FL 32301
(850) 488-2221
(800) 342-2176 (in-state only)

 

Georgia (no filing required)
Office of Consumer Affairs
No. 2 - Martin Luther King Dr.
Plaza Level, East Tower
Atlanta, GA 30334
(404) 656-3790

 

llinois (filing required)
Illinois Securities Department
Lincoln Tower
520 S. Second St. Suite 200
Springfield, IL 62701
(217)782-2256

 

Indiana (filing required)
Consumer Protection Division
Attorney General's Office
219 State House
Indianapolis, IN 46204
(317) 232-6331

 

Iowa (filing required)
Securities Bureau
Second Floor
Lucas State Office Building
Des Moines, IA 50319
(515) 281-4441

 

Kentucky (filing required)
Attorney General's Office
Consumer Protection Division
209 St. Clair
Frankfort, KY 40601
(502) 573-2200

 

Louisiana (bond filing req'd)
Office of the Attorney General
Consumer Protection Division
2610-A Woodale Blvd.
Baton Rouge, LA 70804
(504) 342-7900

 

Maine (filing required)
Banking Bureau
Securities Division
State House - Station 121
Augusta, ME 04333
(207) 624-8551

 

Maryland (filing required)
Attorney General's Office
Securities Division
200 St. Paul Pl. - 20th Floor
Baltimore, MD 21202
(301) 576-6360

 

Michigan (notice required)
Consumer Protection Division
Dept. of the Attorney General
670 Law Building
Lansing, MI 48913
(517) 373-7117

 

Minnesota (filing required)
Department of Commerce
Registration Division
133 East 7th Street
St. Paul, MN 55101
(651) 296-6328

 

Nebraska (filing required)
Dept. of Banking & Finance
P.O. Box 95006
Lincoln, NE 68509
(402) 471-2171 or

(402) 471-3445

 

New Hampshire (filing required)
Attorney General's Office
Consumer Protection Div.
State House Annex
Concord, NH 03301
(603) 271-3641

 

North Carolina (filing req'd)
Department of Justice
Consumer Protection Division
P.O. Box 629
Raleigh, NC 27602
(919) 733-3924

 

Ohio (no filing required)
Attorney General's Office
Consumer Fraud & Crime Section
25th Floor, State Office Tower
30 East Broad Street
Columbus, OH 43266-0410
(614) 466-8831
800-282-0515 (in-state only)

 

Oklahoma (filing required unless exempt)
Oklahoma Department of Securities
Suite 860, First National Center
120 N. Robinson
Oklahoma City, OK 73102
(405) 280-7700 (voice)

(405) 280-7742 (fax)

 

South Carolina (filing req'd)
Secretary of State's Office
P.O. Box 11350
Columbia, SC 29211
(803) 734-2169

 

South Dakota (filing required)
Division of Securities
910 E. Sioux Avenue
Pierre, SD 57501
(605) 773-4013

 

Texas (filing required)
Secretary of State's Office
Statutory Documents Section
P.O. Box 13563
Austin, TX 78711
(512) 475-1769

 

Utah (filing required)
Consumer Protection Division
160 East 300 South
Salt Lake City, UT 84111
(801) 530-6601

 

Virginia (no filing required)
Consumer Affairs Office
101 North 8th Street
Richmond, VA 23219
(804) 786-0594
(800) 451-1525 (in-state only)

 

Washington (filing required)
Department of Financial Institutions
Securities Division
P.O. Box 9033
Olympia, WA 98507-9033
(206) 753-6928