
North Carolina 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 North Carolina.
In addition, North Carolina has business opportunity laws with registration requirements.
North Carolina is not a franchise registration state and does not require any type of franchise filing or registration for a franchisor to offer or sell franchises in North Carolina. However, many franchises qualify as Business Opportunities and, therefore, must comply with North Carolina’s Business Opportunity filing requirements.
In addition, a franchisor must have a current FTC compliant FDD to offer or sell franchises in North Carolina and comply with the Franchise Rule disclosure timing provisions.
There are no franchise laws that specifically govern the franchise relationship or termination of a franchisee in North Carolina.
Georgia’s Business Opportunity Laws define a “Business opportunity” as the sale or lease of or offer to sell or lease, any products, equipment, supplies, or services for the purpose of enabling the purchaser to start a business and in which the seller or company represents:
(A) the seller or company 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. For purposes of this subparagraph, “assist the purchaser in finding locations” includes but is not limited to supplying the purchaser with names of locator companies, contracting with the purchaser to provide assistance or supply names, or collecting a fee on behalf of or for a locator company;
(B) the seller or company 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; or
(C) the company, in conjunction with any agreement which requires a total initial payment of an amount exceeding $500.00, will provide a sales program or marketing program; provided, however, that this subparagraph shall not apply to the sale of a sales program or a marketing program made in conjunction with the licensing of a registered trademark or service mark. (O.C.G.A. § 10-1-410).
The offer or sale of a business opportunity in Georgia requires filing a Consent to Service with the state. Further, an appropriate business opportunity disclosure statement and a bond may be required. (O.C.G.A. § 10-1-412).
Franchises are excluded from the Business Opportunity Laws if they have a state or federally registered trademark or service mark. (O.C.G.A. § 10-1-410).
You can learn more about North Carolina’s Business Opportunity requirements at this page:
If you offer a business opportunity in North Carolina, we can help you determine if, and how, your company must comply with North Carolina’s Business Opportunity Laws.
If you would like to learn more about our franchise services and franchise compliance in North Carolina, contact us or call (757) 263-4596 to schedule a consultation. You can also visit our interactive map to explore franchise laws in other states.


