FRANCHISING IN UTAH
Registration or Filing Required?
Yes (Filing)
Business Opportunity Laws?
Yes
Utah is a franchise filing state and not a franchise registration state. Before offering or selling a franchise in Utah, you must file a “Notice of Exemption” with the Utah Division of Consumer Protection. Your exemption notice must be renewed annually. Utah’s franchise filing requirement is triggered by its Business Opportunity Disclosure Act, which requires registration of business opportunities. Under the Act, franchisors that maintain a valid and current FDD may claim a business opportunity registration exemption through the filing of a Notice of Exemption. The exemption filing fee is $100 and must be renewed annually online.
The Division of Consumer Protection of the Utah Department of Commerce regulates and oversees the enforcement of Utah’s Business Opportunity Disclosure Act. The Act broadly defines business opportunities to include franchises. Franchisors with a valid and current FDD must file a Notice of Exemption with the Division of Consumer Protection.
Your filing must be made online through Utah’s electronic filing system. When filing online, you will need: (1) the name of your franchise company; (2) the name of your franchise system brand; (3) principal business address of your franchise company; (4) the Federal Employer Identification number for your franchise company; (5) contact information; (6) signature affirming that your franchise company is in compliance with the FTC Federal Franchise Rule; and (7) payment of the filing fee.
Once your franchise filing has been fully processed, the Division will email you a certificate of registration confirming the filing and acceptance of your notice of exemption. You must renew your filing annually.