FRANCHISING IN NEBRASKA
Registration or Filing Required?
Yes (Filing)
Business Opportunity Laws?
Yes
Nebraska is not a franchise registration state but does require a one-time filing for franchisors planning to offer or sell franchises in the state. Franchisors that are using a “national” FDD must submit a Notice of Exemption, along with a $100 filing fee to the Nebraska Department of Banking and Finance at PO Box 95006, Lincoln, NE 68508. This is a one-time filing and does not need to be done annually. You may also submit your exemption through NASAA’s Electronic Filing Depository for an additional fee.
Nebraska has a Franchise Practices Act that applies to franchises where the franchisee maintains a place of business in Nebraska, the gross sales between the franchisor and franchisee exceeds $35,000 in the previous 12 months, and it is intended that more than 20% of the franchisee’s gross sales are derived from the franchise. It specifically excludes franchises that are “subject to any other statute of this state”, meaning that franchises that meet the federal definition of a franchise are exempt.
The Act defines a franchise as a written arrangement where the buyer pays a fee in exchange for a license to use the seller’s trademark, service mark, or related characteristic, and the parties have a common interest in marketing the goods or services under the agreement. It also includes any arrangement for the sale, distribution, or marketing of nonalcoholic beverages, but specifically excludes agreements related to the sale, distribution and marketing of petroleum products.