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Franchises Opportunity

What is the FTC Franchise Rule?

Last reviewed July 6, 2026

The FTC Franchise Rule (16 CFR Part 436) is the federal regulation governing franchise sales in the United States. It defines a franchise by three elements — a shared trademark, significant control or assistance, and a required payment — and requires franchisors to deliver a 23-item Franchise Disclosure Document at least 14 days before a prospect signs or pays. It mandates disclosure, not registration; a group of states adds registration on top.

Two consequences worth knowing. First, the three-element definition catches "licenses" and "dealerships" that walk like franchises — the accidental franchise problem for sellers. Second, there is no federal review of FDD contents: the Rule requires the document to exist and be delivered, while verification is left to you and, in registration states, to state examiners.

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