Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 16 - Commercial Practices |
Chapter I - Federal Trade Commission |
SubChapter D - Trade Regulation Rules |
Part 437 - Business Opportunity Rule |
§ 437.8 - Franchise exemption.
Latest version.
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§ 437.8 Franchise exemption.
The provisions of this Rule shall not apply to any business opportunity that constitutes a “franchise,” as defined in the Franchise Rule, 16 CFR part 436; provided, however, that the provisions of this Rule shall apply to any such franchise if it is exempted from the provisions of part 436 because, either:
(a) Under § 436.8(a)(1), the total of the required payments or commitments to make a required payment, to the franchisor or an affiliate that are made any time from before to within six months after commencing operation of the franchisee's business is less than $500, or
(b) Under § 436.8(a)(7), there is no written document describing any material term or aspect of the relationship or arrangement.