A. If you are considering an investment in a franchise, you should call us at (804) 371-9051 or email us at SRF_General@scc.virginia.gov to determine whether a franchise is registered in Virginia or to obtain a copy of the Franchise Disclosure Document. If the franchise is not registered in Virginia, this should alert you that the company may not be in compliance with franchise laws.
For more information about franchise investments, visit the Federal Trade Commission’s website and read the brochure entitled 'A Consumer Guide to Buying a Franchise'.
You should always check with us to provide you with any information about the franchise you are considering investing in and the people behind it.
A. Yes. Please refer to §13.1-565 of the Code of Virginia.
A. A franchise must be registered or exempted from registration prior to offering to sell or selling a franchise. §13.1-560
A. Yes, there are few notable differences. Unlike the FTC Franchise Rule, which in some cases permits a start-up franchisor to use unaudited financial statements in its FDD, Virginia requires a start-up franchisor to include an audited opening balance sheet, at a minimum. Please refer to Item 21 of 21 VAC 5-110-95.
The uniform state cover page adopted by the North American Securities Administrator’s Association must also be included in the franchisor’s FDD. Please refer to 21 VAC 5-110-55.
A. Yes. All franchisors, established or start-up, must file audited statements. Please refer to 21 VAC 5-110-95.
A. You should file renewal applications 30 days prior to the expiration date.
A. Yes, by submitting
A. You should file an amendment application within 30 days of a material change to the FDD.
A. Maybe; one possibility is the franchisor may submit financial statements of its affiliate. The affiliate must meet solvency requirements and absolutely and unconditionally guarantee the performance of the franchisor by submitting
Another possibility may be the Commission may require as a condition of registration or renewal of registration: the escrow or deferral of franchise fees and other funds paid by the franchisee to the franchisor until the franchisor’s pre-opening obligations are fulfilled.