Where should Cordova franchise-related documents be filed in Illinois?
Cordova Franchise · 2025 FDDAnswer from 2025 FDD Document
Amendments to the Cordova Franchise Disclosure Document
DISCLOSURE REQUIRED BY THE STATE OF ILLINOIS
Illinois law governs the Franchise Agreement.
In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
Franchisee's rights upon Termination and Non-Renewal are set forth in Sections 19 and 20 of the Illinois Franchise Disclosure Act.
In conformance with Section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
Source: Item 23 — RECEIPTS (FDD pages 44–195)
What This Means (2025 FDD)
The 2025 Cordova Franchise Disclosure Document includes amendments specific to Illinois, addressing the state's Franchise Disclosure Act. These amendments do not specify a particular location for filing franchise-related documents. However, they emphasize that Illinois law governs the franchise agreement and voids any provision designating jurisdiction and venue outside of Illinois, although arbitration outside the state is permitted. The FDD also clarifies franchisee rights upon termination and non-renewal, referencing Sections 19 and 20 of the Illinois Franchise Disclosure Act, and protects franchisees from waiving compliance with the Act through any agreement stipulations, as per Section 41.
These stipulations mean that while the Cordova franchise agreement itself is subject to Illinois law, the FDD does not explicitly state where franchise-related documents should be filed. However, it does highlight the importance of adherence to the Illinois Franchise Disclosure Act and protects franchisees from certain disadvantageous terms or waivers. The FDD also mentions that the respective state agencies identified in Exhibit B are authorized to receive service of process for Cordova.
Given the absence of a specified filing location in the FDD, a prospective Cordova franchisee in Illinois should directly ask Cordova Franchising, LLC about the required procedures for document filing and registration within the state. Understanding these specific requirements is crucial for ensuring full compliance with Illinois franchise law and maintaining a legally sound franchise operation.