Uniform Franchise Offering Circular

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Tips & Advice to help you make your decision on Uniform Franchise Offering Circular

The Uniform Franchise Offering Circular, or UFOC, is a legal document outlining a franchise opportunity to any potential buyers of the franchise. Revisions were made to what this document requires by the Federal Trade Commission, and since then it has also become known as a franchise disclosure document, or FDD.

A seller of a franchise, or franchisor, has to provide information in over twenty categories for this document. A potential buyer of the franchise, or franchisee, will usually have to produce a business plan for any necessary financing arrangements. The UFOC should enable the franchise to make a valid business plan.

Some of the important information that has to go into a UFOC includes the initial franchise fee, any other fees or expenses that may arise, what the key roles in the business are, details of any litigation involving the franchisor, details of bankruptcy proceedings involving the franchisor or its executives, and details on earning claims.

As a UFOC allows the production of a detailed business plan, with both parties knowing their obligations and potential expenses, it reduces the risk associated with starting a franchise.

If you want to learn more about the Uniform Franchise Offering Circular, click on the links on this page, which were compiled and researched by Business.com.

Uniform Franchise Offering Circular (UFOC)

If you're in the market for a franchise, know this: Since 1979, franchisors have been required by the Federal Trade Commission to provide prospective franchisees with a Uniform Franchise Offering Circular (UFOC) before any contracts can be signed or any money can exchange hands.

This valuable and voluminous document contains detailed information about the franchise, which will help you evaluate the business to determine if it's right for you. The document contains three main components:

Detailed information about 23 items that provide an overview of the franchise
Audited financial statements
The franchise agreement and other contracts

Understand what's in it

A standard UFOC covers the following: key executives and directors, fees and costs, any past or pending bankruptcy or litigation, restrictions on sources for products or services, any financing available, training and support offered, restrictions on territory or expansion, restrictions on selling or transferring ownership, a list of outlets, earnings and financial status, obligations for both the franchisor and the franchisee, plus renewal and termination terms.
Try: FRANdata.com provides a list of the 23 items included in a UFOC.

Compare UFOCs

Compare UFOCs from competitors or franchises in like industries to help you evaluate the opportunity.
Try: For a fee, FranchiseHelp.com and FRANdata.com provide access to thousands of UFOCs or select portions of UFOCs.

Scrutinize earnings claims

Item 19 provides a detailed look at earnings, which gives you an opportunity to forecast sales, expenses and profits. Be aware that the earnings claims are considered estimates and may not reflect actual sales in your geographic region. In addition, the earnings statement is voluntary, and a franchisor may leave it blank.
Try: UFOCS.com offers earnings claims packages for retail, food-service and service industries and maintains a list of companies for which they have earnings claims statements available for purchase.

Discover details on past and present franchisees

Item 20 includes a somewhat confusing list of projected openings and transferred or cancelled locations. However, the most important element is a list of current and past franchisees, their locations and contact information. These franchisees are your link to inside information about the franchise that can't be found in the UFOC.
Try: Purchase Item 20 from WorldFranchising.com and contact existing franchisees to ask them what they like about the franchise and what they would change.

Hire a franchising attorney

Since 1993, the UFOC has been required to be written in plain English rather than legalese. However, the sample contracts found in Item 22 are legal documents that may need some deciphering. In addition, although the UFOC is required by law, no governing body reviews the document for accuracy.
Try: Retain a franchise attorney who's experienced in reviewing UFOCs to help you spot possible inaccuracies and to explain contracts. Search for one at FranchisingAttorney.com.

Bring in an accountant

Take the audited financial statements found in Item 21 to an accountant, who can review them and give you an idea of the financial health of the operation.
Try: Search for an accountant at Accountants World or the CPA Directory.

Ask if it's negotiable

The terms in a UFOC are usually non-negotiable. However, a few franchisors will negotiate certain terms so be sure to ask if there's any leeway.
Try: If the franchisor does offer negotiable terms, ask existing franchisees if you can see the amendments to their franchise agreements to get an idea of the terms available. View a sample page of a franchise agreement at FranDocs.com.

Find out if you qualify financially

You may need to qualify financially before receiving a UFOC from a franchisor.
Try: Determine your net worth and capital worth with calculators from Franchise.com.

Read it again: Experts suggest reading a UFOC at least three times before making a decision.
Do your own homework: Don't rely solely on the information presented in a UFOC to make your decision. Conduct your own research to determine the viability of an opportunity.
Consistency counts: Make sure the UFOC you review is the same franchise agreement you'll be signing.