New Franchise Broker Laws - With Sarah Davies

The Franchise Hot Seat Podcast with Dr. John P. Hayes - Director, Titus Center for Franchising

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TITLE: New Franchise Broker Laws - With Sarah Davies

DESCRIPTION:

Sarah Davies, General Counsel of the International Franchise Association (IFA), discusses the proposed Model Franchise Broker Registration Act by the North American Securities Administrators Association (NASAA) and the California Senate Bill 919. Both pieces of legislation cover the same territory, focusing on registration and disclosure requirements for third-party franchise sellers. The IFA worked with the California legislator to introduce Senate Bill 919 in January, proposing registration and disclosure requirements for third-party franchise sellers. Meanwhile, NASAA has been working on its Model Broker Registration Act for several years.

Davies explains that the term "third-party franchise sellers" encompasses franchise brokers, franchise sales organizations, and franchise consultants. Currently, there are no educational or registration requirements for franchise brokers. The IFA supports education for franchisors and has resources and tools available for this purpose.

The IFA is supportive of increased transparency in the franchise sales process as part of its overall initiative around responsible franchising. Senate Bill 919, which requires franchise brokers to provide disclosure information, has passed the Senate and is currently before the California Assembly. If passed, it will require the governor's signature to become law, with a proposed effective date of January 1, 2026. The disclosure required for franchise brokers is straightforward and basic, including contact information, professional experience for the last five years, litigation history, services performed for clients, a general description of the compensation structure, and franchises sold in the last year.

NASAA, while not a rulemaking body, has issued statements of policy or commentary to clarify disclosure obligations under the franchise rule. These guidelines are then adopted by states, either formally or informally. Franchisors, for the sake of having a single Franchise Disclosure Document (FDD), generally comply with NASAA's commentary. - With Sarah Davies.

TIMESTAMPS:

00:00 Introduction: "Sarah Davies is the General Counsel of the International Franchise Association..."

01:05 Discussion on Senate Bill 919 and NASAA Model Franchise Broker Registration Act.

03:08 Overview of Senate Bill 919 and NASAA's initiatives.

05:18 Definition and role clarification of franchise brokers.

07:10 Requirements to become a franchise broker.

09:00 Lack of current regulations for franchise brokers.

10:20 Support for increased transparency in franchise sales.

12:15 Status of Senate Bill 919 in California.

14:30 Effective date and preparation time for Senate Bill 919.

15:55 Extensiveness of disclosure requirements for franchise brokers.

17:40 Submission process and potential fees for registration.

19:05 Responsibilities of franchisors under Senate Bill 919.

20:20 Role and function of NASAA in franchise regulation.

22:00 Relationship between NASAA and the FTC.

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Where to find Sarah Davies: