FRANCHISING IN NEW HAMPSHIRE
Registration or Filing Required?
No
Business Opportunity Laws?
Yes
New Hampshire is not a franchise registration state nor a franchise filing state. You may offer or sell your franchise without registering or filing your FDD with the state, provided that you are compliant with the Federal Franchise Rule.
New Hampshire does have very limited business opportunity laws. The New Hampshire Distributorship Disclosure Act defines a distributorship as a contract or agreement, in which:
- The seller grants the buyer the right to offer, sell or distribute goods manufactured or supplied by the grantor through vending machines, racks, display cases, or other similar devices;
- The buyer purchases an inventory of products from the seller for sale or distribution in such vending machines, racks, display cases, or other similar devices;
- The buyer can purchase or lease the vending machines, racks, display cases, or other similar devices from the seller; and
- The seller represents that it will provide locations or assist the distributor in finding locations for the use or operation of such vending machines, racks, display cases, or other similar devices.
While most franchise opportunities do not meet the definition of a distributorship, if they did, they would be subject to the requirements under the Act, most of which are similar to those already required by the FTC Franchise Rule. Distributorships must register with the New Hampshire Office of the Attorney General, and the application will contain information very similar or identical to that found in an FDD. Distributors are not allowed to deceive or mislead prospective buyers.