If you’re a franchisor claiming the trademark exclusion under the Connecticut Business Opportunity Investment Act, there’s an important change you need to know about.
Effective September 30, 2025, the Connecticut Department of Banking is introducing a new filing process for those relying on the trademark exclusion in Section 36b-61(2)(D). Instead of the old method, you’ll now use Form CT-BOIA-EX (Business Opportunity Exclusion Claim) to make your filing.
Here’s what’s changing:
- New Form Required: After September 30, you must use Form CT-BOIA-EX for all exclusion claims. The form is designed to simplify the process for both filers and the Department.
- No More Public Posting: The Department will no longer post exclusion claims on its website. Instead, you can confirm receipt of your filing through the State’s online eLicense system (details will be posted on their site).
- Accuracy Matters: The burden of proving an exclusion remains on the franchisor or seller. False or misleading statements are prohibited under Section 36b-80.
- Electronic Filing: Submit the completed form via email to dob.sec-reg@ct.gov or Heidi.lawrence@ct.gov.
If you have any unresolved issues with filings made before September 30, those must be cleared up before you can use the new form.
This change should make the process less labor-intensive, but it’s still critical to ensure your filings are accurate and complete. If you need help navigating these changes or preparing your exclusion claim, feel free to reach out.
Forward Franchising 