The UFOC is out and the FDD is in. The differences between the two!
May 12th, 2009
Many of the people I meet concerning buying a Franchise are still asking for a UFOC. Uniform Franchise Offering Circular. That is being scraped by the FTC and is being replaced by a FDD. Full Disclosure Document.
The industry is going through some changes. The FDD spells out everything about the structure of the franchise, the typical investment required, the way the franchisee will comply with the franchise system and any penalties if there is a noncompliance issue. Also, the scope of training should be covered and the investment in advertising that is required if any is spelled out. If there is a dispute between the two parties how will that be handled. A list of all the franchises with contact information should be in the FDD. It should be a fairly complete picture of what you are buying into with the franchisor.
According to the new ruling, the new format of the franchise disclosure is supposed to be implemented from July of this year onwards.
Now lets look at the differences between old and new:
• The name has changed from UFOC to FDD
• Previously the Franchisee had to meet the Franchisor face to face to get a copy of the UFOC. That has been scrapped.
• The new FDD requires 14 calendar days to pass before any deal could be closed and money exchanged. The old UFOC required 10 business days.
• A big change in the way the FDD can be delivered. You can deliver a copy of the FDD electronically.
• Similarly, the receipt a would-be franchisee sends back can also be electronically signed.
• The company history will now include information about the main parent company that is related to the franchise system if there is one.
• No more is a list of franchise brokers required in the new FDD
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• People associated with selling the franchise will have to disclose their business and financial background.
• Litigation history between the franchisor and the franchisees need to be disclosed.
• Any involvement of the franchisor’s employees in suppliers to the franchise system needs to be disclosed.
• If the franchisor is not going to provide any exclusive territory in the franchise agreement, then a warning notice has to be given in the FDD.
So there are you basic differences. Too Hotties switched to the FDD over a year ago. Each year the franchisor has to update his FDD with current information. Too Hotties Haircuts has just done this so our FDD is now ready to go. If you are interested in learning more about our Franchise go to my main page on my web site, www.KurtSayce.com and click on the “request for consideration” button. Good luck in all you do!




