Maryland, like many states, has laws that regulate the sale and operation of franchises within its jurisdiction.
Here are key points regarding franchise laws in Maryland:
1. Franchise Registration: Maryland requires franchisors to register their franchise offering with the Maryland Division of Securities before offering or selling franchises in the state. Franchisors must submit a Franchise Disclosure Document (FDD) containing detailed information about the franchise, including financial statements, fees, obligations, territory rights, and other crucial details. The FDD must be provided to potential franchisees at least 14 days before any agreement is signed or any payment is made.
2. FDD Requirements: The FDD is a comprehensive document that provides potential franchisees with detailed information about the franchise opportunity. It should contain information about the franchisor’s background, the franchise system, the initial investment, ongoing fees, obligations, and other relevant details.
3. Franchise Relationship Law: Maryland has laws that govern the ongoing relationship between franchisors and franchisees. These laws cover aspects such as termination, non-renewal, transfer of the franchise agreement, and the obligation of good faith and fair dealing between the parties.
4. Termination and Non-Renewal: Franchisees in Maryland are granted certain rights in cases of termination or non-renewal of their franchise agreement. Franchisors are generally required to provide notice and sometimes an opportunity for the franchisee to address any identified issues before termination.
5. Remedies and Enforcement: Violations of franchise laws in Maryland can result in penalties, fines, and potential liabilities for franchisors. Franchisees might have remedies available to them, such as damages or rescission of the franchise agreement, if the franchisor breaches these laws.
Understanding and complying with Maryland franchise laws are essential for both franchisors and franchisees to ensure a fair and transparent relationship. Seeking legal advice from professionals experienced in franchise laws in Maryland is advisable for parties involved in a franchise agreement within the state.
- Maryland Franchise Office
Division of Securities
200 St. Paul Place – 20th Floor
Baltimore, MD 21202
(410) 576-6882