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For that reason, if a franchisor has a signed up hallmark that they license to their franchisees, they are exempt from registration as a service opportunity in North Carolina. It is very crucial to keep in mind that submitting a hallmark does not imply that it is registered. After a hallmark is submitted, it generally takes 6-9 months before the United States Patent and Hallmark Workplace grants registration.
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Signing up as a service chance isn't that bad. It involves including a few disclosures to the FDD and paying a $250. 00 filing fee to the Secretary of State. Official Info Here will approve the franchisor registration for one year. Most likely, the franchisor's hallmark will be signed up throughout that time and an organization chance renewal will not be needed.
We have actually assisted many startup franchisors with their company chance registrations. Our lawyers also believe it is a finest practice to submit a "trademark exemption" notice with the North Carolina Secretary of State. This is a one-time filing, with no modifications to the FDD or filing charge, and it acts as a record with the Secretary of State that a franchisor with a signed up federal hallmark is compliant with North Carolina law.
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According to North Carolina General Statutes 66-95, each franchisor providing a service opportunity should supply an FDD that meets the State's rigorous requirements that are above and beyond the Federal Trade Commission's standards. In addition to the twenty-three items of the FDD required by 16 CFR 436 (the "Amended Franchise Rule"), North Carolina needs 10 specific disclosures.
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Nevertheless, there are a few specific disclosures that must be included to a separate cover sheet that will be submitted with the FDD. The number of extra disclosures can just be figured out after examining an FDD for its compliance with the Amended Franchise Guideline. If the FDD is certified with the Amended Franchise Guideline and it includes the extra disclosures needed by the Organization Opportunity Act, then the franchisor might submit its business opportunity with the North Carolina Secretary of State.