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New FTC Rule Revises Disclosure Procedures

By Darryl A. Hart
February 28, 2007

The recently released final FTC Rule ('New Rule') on franchising is notable not only for the revised disclosure requirements in Items 1 through 23, but also for the changes it makes to the franchise disclosure process.

Under the existing FTC Rule, the disclosure process is triggered by the first personal meeting between a franchisor and a prospective franchisee, but, if there has been no such meeting by them, at least 10 business days before the execution of any binding agreement or a payment to the franchisor or an affiliate in connection with the franchise sale. The New Rule does away with the first personal meeting criterion and replaces with 14 calendar days the 10-business-day advance disclosure period. A disclosure document also must be provided if requested by a prospective franchisee, even if that request is before the 14-calendar-day period.

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