Amending New York's Franchise Law to Promote Franchise Growth
"New York businesses, and those who would like to do business in New York, should not have to conduct themselves under the cloud and uncertainty of New York's NYFSA," write Marc A. Lieberstein, David T. Azrin and Thomas M. Pitegoff.
August 21, 2024 at 12:00 PM
6 minute read
LegislationSince at least 2008 the authors of this article have noted and expressed their collective concern about the antiquated state of New York's 1981 franchise law, which has never been amended for consistency with other state or federal franchise laws. New York prides itself on being the world's center of trade, finance, and culture, but the New York Franchise Sales Act (NYFSA) discourages international franchising in New York. Thomas M. Pitegoff, "How New York Can Be a Center for International Franchising" (New York Bar Association NY Business Law Journal, Summer 2020, Vol. 24, No. 1). And the NYFSA falls short in specifically defining a franchise in a manner that avoids ensnaring the unknowing parties to almost any brand license or other commercial agreement involving a marketing plan and a fee, e.g., distribution and supply agreements.
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