Ind. Code » Title 23
Indiana Code

Ind. Code § 23-2-2.5-9 (2026)

Offer or sale of franchise; requisites; disclosure statement

✓ current as of May 2026
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     Sec. 9. No person may offer or sell any franchise:

(1) unless the franchise is registered under this chapter or is exempt from such registration under sections 3 through 5 of this chapter; and

(2) without first providing to the prospective franchisee at least ten (10) days prior to the execution by the prospective franchisee of a binding franchise or at least ten (10) days prior to the receipt by the franchisor of any consideration, whichever first occurs, a disclosure statement together with a copy of all proposed contracts relating to the sale of a franchise.

Formerly: Acts 1975, P.L.262, SEC.1. As amended by P.L.233-1985, SEC.2.

 

Notes of Decisions
Cited in 7 cases, 1994–2018 · leading case: Cont'l Basketball Ass'n v. Ellenstein Enter., Inc., 669 N.E.2d 134 (Ind. 1996).
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Cont'l Basketball Ass'n v. Ellenstein Enter., Inc., 669 N.E.2d 134 (Ind. 1996). · cites it 2× “Ind.Code § 23-2-2.5-9. The statute then proceeds to authorize the Indiana securities commissioner to investigate possible violations of the statute, to issue cease and desist orders, and to seek to both enjoin noncompliance and enforce compliance with the statute.”
Drake v. Maid-Rite Co., 681 N.E.2d 734 (Ind. Ct. App. 1997). · cites it 2× “She contends that if Sweeden was Maid-Rite’s agent, the sale of the franchise was “effected by or through a franchisor” as prescribed in Indiana Code § 23-2-2.5-4. She concludes that since the sale was “effected by or through a franchisor,” Maid-Rite failed to provide a…”
Gre-Ter Enters., Inc. v. Mgmt. Recruiters Int'l, Inc., 329 F. Supp. 3d 667 (S.D. Ind. 2018). “§ 23-2-2.5-9 -13 (defining "disclosure statements").”
United States v. Bldg. Inspector of Am., Inc., 894 F. Supp. 507 (D. Mass. 1995). “815 § 705/10 (1992); Ind.Code § 23-2-2.5-9 (1993); Md.Code Ann.”
Cont'l Basketball Ass'n v. Ellenstein Enter., Inc., 640 N.E.2d 705 (Ind. Ct. App. 1994). “Indiana Code 23-2-2.5-9 provides that “[n]o person may offer or sell any franchise unless the franchise is registered under this chapter or is exempt and without first providing to the prospective franchisee at least ten days prior to the franchisee’s execution of a binding…”
Hardee's of Maumelle, Arkansas, Inc. v. Hardee's Food Sys., Inc., 31 F.3d 573 (7th Cir. 1994). · cites it 3× “1 The plaintiffs appeal only from the summary judgment in favor of Hardee’s on the claim that Hardee’s violated the disclosure provisions of the Indiana Franchise Act (IFA), Ind.Code §§ 23-2-2.5-9 & 10. The district court held a bench trial on the remaining claims alleging fraud…”
Nidia Martinez, on Behalf of Herself & Others Similarly Situated v. Stratus Franchising, LLC (mem. dec.) (Ind. Ct. App. 2016). · cites it 4× “See I.C. §§ 23-2-2.5-9 & -10.5. 2 Spellacy described the start-up as: “[Y]ou kind of work both ends against the middle.”
Ind. Code § 23-2-2.5-9(2): 1 case
Nidia Martinez, on Behalf of Herself & Others Similarly Situated v. Stratus Franchising, LLC (mem. dec.) (Ind. Ct. App. 2016). “See I.C. §§ 23-2-2.5-9 & -10.5. 2 Spellacy described the start-up as: “[Y]ou kind of work both ends against the middle.”
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