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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 to 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 accurate 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 hold of a UFOC?
Most franchisors request the following information from
you before sending a copy of their 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 not decide 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, Lototypes
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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