New Hampshire

Registration or Filing Required? No
Business Opportunity Laws? Yes

New Hampshire is not a franchise registration state nor a franchise filing state. So, you may offer or sell your franchise without registering or filing your Franchise Disclosure Document (“FDD”) with the state, provided that you are compliant with the Federal Franchise Rule.

What About New Hampshire’s Business Opportunity Laws?

New Hampshire does have very limited business opportunity laws. The New Hampshire Distributorship Disclosure Act defines a distributorship as a contract or agreement, in which:

1. The seller grants the buyer the right to offer, sell or distribute goods manufactured or supplied by the grantor through vending machines, racks, display cases, or other similar devices;
2. The buyer purchases an inventory of products from the seller for sale or distribution in such vending machines, racks, display cases, or other similar devices;
3. The buyer can purchase or lease the vending machines, racks, display cases, or other similar devices from the seller; and
4. The seller represents that it will provide locations or assist the distributor in finding locations for the use or operation of such vending machines, racks, display cases, or other similar devices.

Most franchises do not meet the definition of a distributorship. However, if they did, they would be subject to the requirements under the Act, most of which are similar to those already required by the FTC franchise rule. First, distributorships must register with the New Hampshire Office of the Attorney General, and the application will contain information very similar or identical to that found in an FDD. They must also provide those disclosures to prospective buyers at least 7 days prior to entering into an agreement. Lastly, like most business opportunity and franchise laws, distributors are not allowed to deceive or mislead prospective buyers.

Fun Fact: New Hampshire was the home to the “father of video games.” To the future dismay of parents everywhere, Ralph Henry Baer created the first ever “video game”’ in 1968 where a player could control a moving dot on a screen.