FRANCHISING IN MAINE
Registration or Filing Required?
Yes (Business Opportunity Registration)
Business Opportunity Laws?
Yes
Maine is not a franchise registration state nor a franchise filing state but Maine has enacted Regulations of the Sale of Business Opportunities, that define a business opportunity as a sale of goods or services exceeding $250 in which the goods or services enable the buyer to start a business, and the seller represents it will do one of the following:
- Provide locations or assist buyer in finding locations for vending machines, racks, display cases, amusement machines or devices;
- Buy any products made by the buyer using items sold by seller;
- Guarantee buyer will derive income exceeding purchase price;
- Refund some/all money or buy back some/all products if buyer is not satisfied; or
- Provide a sales or marketing plan, unless it is made in conjunction with license of a federally registered trademark
Franchisors that fall into one of these categories are exempt from business opportunity registration in Maine if they own or have rights through a valid license to a federally registered trademark. Maine does not require any notice or proof of this exemption be sought. However, franchise offerings that meet one of the qualifications or aren’t made with a registered trademark, must register in Maine.