West Virginia Franchise Laws
West Virginia is a non-registration state, creating a streamlined entry for franchisors. But, you still need to hire West Virginia Franchise Attorneys to guide you through the franchise starting of purchasing process.
The principal regulation governing the pre-sale disclosure process is the Federal Trade Commission (FTC) Franchise Rule, which federally mandates that a prospective franchisee must be provided with the FDD at least 14 days before a contract is signed or any payment is made.
Further simplifying the regulatory environment, West Virginia has not enacted a business opportunity law.
This is a key distinction, as it means franchisors are free from the notice filings and exemption fees that are required in many other non-registration states.
With that in mind, the absence of both franchise registration and business opportunity laws makes West Virginia a true non-filing jurisdiction, with compliance centered entirely at the federal level.
When it comes to the ongoing franchisor-franchisee relationship, West Virginia does not have a specific, comprehensive franchise relationship law for most business format franchises.
This means that there are no state statutes dictating the general terms for critical issues such as termination, non-renewal, or the transfer of a franchise.
In a nutshell, the rights and duties of both parties concerning these matters are governed almost exclusively by the provisions laid out in the signed franchise agreement. Any disputes that arise during the course of the relationship are therefore resolved based on the contract’s language and the general principles of West Virginia’s contract law.
Finally, it’s worth noting that a specific “Petroleum Products Franchise Act” exists, but it applies narrowly to that industry.
Here is a list of franchise lawyers you can hire in West Virginia
Coming soon…
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Joel Libava, President.
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