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Franchisors must complete and file an Affidavit of Business Opportunity Exemption with the Kentucky Office of the Attorney General. There is no filing fee due and this is a one-time filing for franchisors, unless the franchisor’s address changes. To prevent potential costly mistakes when filing the Kentucky Affidavit of Business Opportunity Exemption, franchisors should ask for help from an experienced franchise attorney.
When filling out the Kentucky Affidavit of Business Opportunity Exemption, a franchisor must submit a copy of its Franchise Disclosure Document and certify that its offering meets the definition of a franchise under 16. C.F.R. Part 436 et seq., and is compliant with other Federal Trade Commission orders or actions relating to franchises.
Once completed, the Kentucky Affidavit of Business Opportunity Exemption should be mailed, along with a copy of the Franchise Disclosure Document, to:
Office of the Attorney General
Consumer Protection Division
1024 Capital Center Drive
Frankfort, KY 40601
Unlike some other filing states, Kentucky does not require that a franchisor renew its exemption annually; however if a franchisor’s address changes then an update must be filed with the state at no additional charge.
Many franchisors find working alongside a franchise lawyer that is familiar with Kentucky franchise filing requirements invaluable when it comes to guaranteeing that filing requirements are accurately met. Give our office a call today to start confidently franchising your business.
