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New York regulations

13 NYCRR 200.9

Department of Law

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Filing of sales literature

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Filing of sales literature

Compiled text through Jan 15, 2026

Register checked through Jul 29, 2026

No later Register activity identified in this check.

Dates and status
Compiling agency
Department of Law
Text status
Source receipt
Compiled text through
Jan 15, 2026
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Latest notice
TDA-01-17-00002-EP · Emergency and proposed rule · Dec 16, 2016
Source snapshot
Jun 6, 2026
(a)No pamphlet, circular, form letter, advertisement, sales literature, or advertising communication (hereafter sales literature) addressed to or intended for distribution or communication to prospective franchisees, shall be distributed unless it has been filed with the department prior to distribution.
(b)Sales literature shall be submitted to the department not less than seven days prior to its intended use, and shall be submitted in the form and containing the language and subject matter which will appear in the sales literature addressed or intended for distribution to prospective franchisees.
(c)No sales literature shall include any representation or statement inconsistent with the prospectus on file with the department, and the franchisor shall verify in a writing, submitted with the sales literature, that it is not inconsistent with the filed prospectus.
(d)All sales literature in connection with franchise offerings shall contain the following statement in easily readable print, except as provided herein: “This advertisement is not an offering. An offering can only be made by a prospectus filed first with the Department of Law of the State of New York. Such filing does not constitute approval by the Department of Law.”
(e)The statement required under the foregoing subdivision shall similarly be contained on the cover page of all circulars, flyers, cards, letters and other literature employed in connection with soliciting interests in the franchise offering.
(f)Irrespective of subdivision (d) of this section, in all classified type advertisements not more than five inches long and not more than one column of print wide, and in all broadcast advertising 30 seconds or less in duration, the following statement may be used, in lieu of the statement required in subdivision (d) of this section:

“This offering is made by prospectus only.”

(g)Sales literature, as to franchisors registered in this State, but making offers of their franchises from places other than this State, shall not include such literature contained in a bona fide newspaper or other publication of general, regular and paid circulation whose circulation area does not include this State.

State Register activity

1 rulemaking · 1 notice

  1. Emergency measures for the homeless during inclement winter weather.

    TDA-01-17-00002Office of Temporary and Disability AssistancePart-level action

    The Register recorded this action against the whole Part, which includes this section (13 NYCRR Part 200).

    1. Emergency and proposed ruleTDA-01-17-00002-EP

      This rule was modified by Notices in the NYS Regis- ter on July 18, 2012 (Proposed Rulemaking) and Sept. 19, 2012 (Adoption), to add the recording of real property instruments to the regulation. Analysis of need: This rule is necessary to establish standards and procedures governing the use and authentication of electronic signatures and the utilization of electronic records in accordance with article III of the State Technology Law, which establishes the Elec- tronic Signatures and Records Act (ESRA). Legal basis: State Technology Law, §§ 103, 303, 304, 305; Real Property Law, § 291-i. Comments regarding this rule should be sent to the attention of the 146 [[PAGE 153]] Rule Review following agency contact: Regulations Attorney, New York State Of- fice of Information Technology Services, Division of Legal Affairs (DLA), Empire State Plaza, PO Box 2062, Albany, NY 12220-006252. Email: its.sm.dla@its.ny.gov Comments must be received within 45 days of the date of publication of this Notice. Please reference Rule Review in the subject line of the email. 2007 2. 9 CRR-NY N 552 State Agency Internet Posting of Application Forms

      Register Jan 4, 2017 · Filed Dec 16, 2016 · Effective Dec 16, 2016

      Register PDF, pp. 38–170

Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

State Register notices matched to this citation. This is Register status evidence, not compiled regulation text: a notice does not by itself amend the text shown here.

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