Franchise e-Lawyer, Vol. 13, No. 2, Summer 2010

Vol. 13 No. 4  |  Fall 2010  

INSIDE THIS EDITION

Message from the Chair

Message from the Editor-in-Chief

A Tribute to Alexander Konigsberg

Peaberry: Is the FDD Enough?

The New Block Exemption

Maryland's New Franchise Delivery Requirements are Now in Effect

New Books from the Forum on Franchising


THE FRANCHISE LAWYER

Editor-in-Chief

Max Schott, II (2013)
Gray Plant Mooty
Minneapolis, MN
Max.Schott@gpmlaw.com

Associate Editors
Glenn J. Plattner (2011)
Bryan Cave
Santa Monica, CA

Kristy L. Zastrow (2012)
Dady & Gardner
Minneapolis, MN

Beata Krakus (2013)
Greensfelder,
Hemker & Gale
Chicago, IL


Forum on Franchising
American Bar Association
321 N. Clark Street
Chicago, IL 60654

Maryland's New Franchise Delivery Requirements are Now in Effect
By Dale E. Cantone
Assistant Attorney General, Maryland Attorney General's Office, Division of Securities

On October 1, 2010, the new franchise delivery requirements under the Maryland Franchise Law (Section 14-223) went into effect. As a result, Maryland's franchise delivery requirements no longer differ substantively from the FTC Franchise Rule. The new provisions, found at Chapter 168 of the Laws of Maryland of 2010, require a franchisor to deliver the required form of FDD at the earlier of: (a) 14 calendar days before a prospective franchisee signs a binding agreement with a franchisor or pays any consideration relating to the franchise relationship; or (b) a prospective franchisee's reasonable request for a copy of the FDD.

The Maryland Securities Commissioner issued an Interpretive Opinion/No Action Position, dated June 15, 2010, regarding the effect of this new law on franchise disclosure in Maryland. Now that the new delivery requirements have become effective, all franchisors registered in Maryland should have revised their FDD Receipt pages to delete any notice regarding Maryland-specific franchise delivery requirements.

You can find the Interpretive Opinion/No Action Position at:

http://www.oag.state.md.us/Securities/chapter168.pdf

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The opinions expressed in the articles presented in The Franchise Lawyer are those of the authors and shall not be construed to represent the policies of the American Bar Association and the Forum on Franchising. Copyright 2010 The American Bar Association. ISBN: 1938-3231

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