On this page

What the federal rule examines

The Federal Trade Commission’s Franchise Rule examines a continuing commercial relationship with three elements: association with a trademark or other commercial symbol; significant control over, or assistance with, the operator’s method of doing business; and a required payment or commitment.

A licence grants permission to use specified rights. If you also supply the operating system, the arrangement may raise franchise duties. Calling the operator an investor, distributor or licensee does not change the actual rights, support and payments.

Sources: Federal Trade Commission: section-436.1

Why separate purchases can form one system

In a fictional maintenance offer, the operator receives branded vans, mandatory scheduling software, initial training and required inspection methods, and pays a licence fee. These features work together to shape how the service is run.

The important questions are what the training teaches, what the software controls, how much discretion the operator retains and which payments are unavoidable. Software alone does not decide the test. Three separate invoices for the licence, training and software do not remove the need to consider the complete arrangement.

Sources: Federal Trade Commission: section-436.1

An exemption is a separate question

Once the arrangement is described accurately, examine any federal exclusion or exemption and its conditions. An exemption from specified duties does not necessarily change the relationship’s definition. Include promises made in presentations and ordinary practice, not just the signed contract, and payments to related companies.

State definitions and sales requirements are independent. A federal conclusion does not settle the states connected with the seller, buyer, offer or proposed outlet.

Sources: Federal Trade Commission: section-436.1 Federal Trade Commission: section-436.8

Scope

  • This is the federal starting point; it does not classify your arrangement or establish an exemption. State and local requirements remain separate.

Next step

Before offering the arrangement, compare the contract, actual support promises and all required payments as one business model.

Sources & review notes

The source records distinguish access dates from substantive review dates. Updating an explanation does not itself recheck the law.

16 CFR §436.1: Federal franchise definition

Federal Trade Commission

Passage, dates and research notes

primary · section-436.1

whatever it may be called

Accessed: 2026-11-12T20:51:48.875978+00:00 · Meaning reviewed: 2026-11-12 · Next review target: 2026-12-12

Current eCFR displayed through 2026-11-09; eCFR is authoritative but not the official legal edition.

16 CFR §436.8: Federal franchise exemptions

Federal Trade Commission

Passage, dates and research notes

primary · section-436.8

less than $735

Accessed: 2026-11-12T20:51:48.875978+00:00 · Meaning reviewed: 2026-11-12 · Next review target: 2026-12-12

Current eCFR displayed through 2026-11-09; eCFR is authoritative but not the official legal edition.

FTC Franchise Rule Compliance Guide

Federal Trade Commission

Passage, dates and research notes

official-guidance · pp. 2–4, 16, 113–115

overall method of operation

Accessed: 2026-11-12T20:51:48.875978+00:00 · Meaning reviewed: 2026-11-12 · Next review target: 2026-12-12

Published May 2008 (day not asserted). Read relevant full-PDF sections. Dated guidance contains obsolete monetary thresholds and dated accounting discussion: current CFR controls; auditor must verify current SEC-permitted treatment.

Detailed rule records (1)
Labels do not determine federal franchise coverage Source checked

A continuing commercial relationship can meet the federal definition where it involves trademark association, significant control or assistance over the method of operation, and a required payment or commitment. Apply exemptions separately.

When to check: Designing or changing partner rights, fees, support or controls. Source review: 2026-11-12.

16 CFR §436.1: Federal franchise definition

Related case records

The case guides distinguish allegations, orders and outcomes.

Your learning

Keep this reading in your learning library.

Open learning hub
Progress privacy

Off by default. Without remembering, changes last on this page. If enabled, only public content identifiers and self-reported progress are stored in this browser profile. Anyone using the same profile could see them. No plan inputs or contact details are included. Reset or export in learning settings.

This is a reading aid, not evidence of disclosure delivery, expertise or legal approval.