FRANCHISING IN NORTH CAROLINA
Registration or Filing Required?
Yes (Business Opportunity Application or an exemption can be sought if you have a federal or state registered trademark)
Business Opportunity Laws?
Yes
North Carolina defines a business opportunity as the sale or lease of any products, equipment, supplies or services for the purpose of enabling the purchaser to start a business. Most franchises will be considered business opportunities in North Carolina which requires that franchisors file their FDD, required forms and pay a filing fee of $250 to the North Carolina Department of the Secretary of State annually. However, North Carolina allows an exemption to this requirement for all franchisors who own or have rights through a valid license agreement to a federally or North Carolina registered trademark. This exemption must be sought by providing proper notice to North Carolina.