Maine
Franchise Registration
Maine
Maine does not have franchise laws. However, a franchisor must still comply with the federal regulations established under the Federal Trade Commission (“FTC”) Franchise Rule when offering and selling franchises in the state of Maine.
In addition, Maine has business opportunity laws with registration requirements.
Maine is a non-registration state and does not require any type of franchise filing or registration for a franchisor to offer or sell franchises in Maine.
However, a franchisor must still have a current FTC compliant FDD to offer or sell franchises in Maine.
Maine does not have any franchise laws that specifically govern the franchise relationship or termination of a franchisee.
Maine Business Opportunity Laws
Maine has Business Opportunity Laws, which define a “Business Opportunity” as the sale, lease or distribution of any services, products, equipment, supplies, goods, or commodities by the seller or an affiliated person for the purpose of enabling the purchaser to start a business, for which the purchaser is required to pay an amount that exceeds $250 either as a single payment or in multiple payments during any consecutive 6-month period (32 M.R.S. §4691(3)(A)) and in which the seller represents that:
- The seller or an affiliated person will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases or other similar devices or currency-operated amusement machines or devices, on premises neither owned nor leased by the purchaser or seller;
- The seller or an affiliated person will purchase any or all products made, produced, fabricated, grown, bred or modified by the purchaser using in whole or in part, the supplies, services or chattels sold to the purchaser;
- The seller or a person specified by the seller will purchase any or all products made, produced, fabricated, grown, bred, or modified by the buyer;
- If the purchaser is unsatisfied with the business opportunity, the seller will refund all or part of the price paid for the business opportunity, or repurchase any of the products, equipment, supplies or chattels supplied by the seller; or
- The seller or an affiliated person will provide a sales program or marketing program except that this subsection does not apply to a marketing program provided in conjunction with the licensing of a federally registered trademark or service mark (32 M.R.S. §4691(3)(A)(1-5)).
Maine Business Opportunity Requirements
The sale of a business opportunity in Maine requires registration with the state, including a copy of the written disclosure document, surety bond, and payment of a fee. (32 M.R.S. §4696).
Maine Franchise Exemption from Business Opportunity Laws
Franchises are excluded from the Business Opportunity Laws. (32 M.R.S. §4691(3)(A)(5))
More Information about Maine's Business Opportunity Laws
Business Opportunity Sales Act
Maine's Business Opportunity Requirements
If you offer a business opportunity in Maine, we can help you determine if, and how, your company must comply with Maine’s Business Opportunity laws.
Want to learn more about our franchise services and franchising in Maine? Contact Us or call (757)-263-4596 to schedule a consultation. You can also visit our interactive map to learn more about other state franchise laws.
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