Studies Show Registration Benefits Franchisors and Franchise Buyers
In a recent article about Australia's franchise law, the IFA wrote that they consider "mandatory registration to be archaic, costly and burdensome for both franchisors and government while providing no measurable public policy benefit to prospective franchisees." In the following sentence, they added, "We are aware of no data in the United States that shows that franchise investors in states with registrations requirements are more adequately protected from sales fraud than investors in state without registration."
The quote made me wonder if anyone at the IFA has read my book, From Ice Cream to the Internet: Using Franchising to Drive the Growth and Profits of Your Company (link to the book on Amazon) or any of the scholarly papers I and my colleagues wrote that the book draws upon.
Perhaps the IFA is not aware of information about the benefits of registration, but it exists. For instance, in Chapter 10 of my book (specifically, pages 179-192), I summarize some of the benefits that registration provides. While most of the information there is qualitative, based on interviews and observations of franchisors and franchisees, I do summarize some of my empirical work on the effects of registration. In a variety of studies summarized in the book, I show that franchisors operating in registration states are more likely to survive over time than franchisors that do not. In fact, survivors are 22 percent more likely than failures to operate in a registration state. Moreover, the benefits of operating in registration states increase with system size.
These patterns strongly suggest that operating in a registration state makes it easier to attract franchisees because adherence to the registration requirements shows that you are not a fly-by-night operation.
As long as franchisees benefit from buying franchises from franchisors who manage to stay around to support them in future years, registration requirements help protect franchisees. While it's possible that no one conducted a precise test of whether "franchise investors in states with registration requirements are more adequately protected from sales fraud than investors in state without registration," the research on the topic shows that registration benefits franchisees.
Scott Shane is the A. Malachi Mixon III Professor of Entrepreneurial Studies at Case Western Reserve University and author of The Illusions of Entrepreneurship: The Costly Myths that Entrepreneurs, Investors, and Policy Makers Live By (listed on Blue MauMau's book stack).
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Relating reading:
Washington Trade Lobbyist Warns Against Changing Australian Franchise Law












Public access helps advisers
In Australia a franchisee is likely to seek legal and accounting advice from a practitioner who (while an expert in generic commercial law/accounting) may have no prior experience of franchises. Being able to access a public register of franchise disclosure documents and a network's standard franchise agreements is of immense benefit to prospective franchisees' advisers. By comparing like with like they can benchmark the offering on their desk against the 'norms' of the sector their client wants to buy into. Jenny Buchan, Australia
Registration States and Quality
Unlike the IFA, I have a copy of Scott's book. But the reference regarding the 22% is in a footnote to another paper by Scott -could he post it?
My concern would be that the 22% number is not taking into account the other factors or base rates of success in the registration states. The registration states may have as whole an greater likelihood of economic success in independent business, which explains entirely the effect.
I have some sympathy with parts of the IFA concern. If there was an overall depository of franchise documents with the FTC and OpenFran.org had indexed them all, I would suggest that we do away with state registration.
But the question would remain how much review of the depository would you want? I tend to favour, in the right atmosphere, fewer and not more registration review.
Michael Webster PhD LLB
Franchise News
State registration is not the same as merit review. In Michigan
for example, one need only file a notice of intent to franchise. I don't know how many registration states even read what is filed, other than to maybe look at the financial exhibit to see whether an impound of initial franchise fee should be used.
But I certainly agree than OpenFran is a great resource, and I am so happy that y'all have set it up.--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School