Franchisor Annual Disclosure and Register Updates Australia 2026

Which annual deadline applies to your franchise business?

For agreements entered into, transferred, renewed or extended from 1 April 2025, the new code requires the annual update within four months starting on the first day of the franchisor’s financial year. Agreements still governed by the old rules use four months after the financial year ends. Both calculations ordinarily produce 31 October for a July–June business.

An exception may apply if you entered no more than one franchise agreement in the previous financial year, do not intend to enter another in the current year and have not received a franchisee’s written request for the document. Having no new openings is not enough to establish that exception.

Section 36 of the Acts Interpretation Act 1901 allows a final day falling on Saturday, Sunday or an applicable holiday to move to the next day that is none of those. The 2026 dates are calculated under that rule, rather than an extension announced by the ACCC; we recommend completing the work ahead of the ordinary dates in official guidance.

We will map the documents and dates that apply to your agreements and recruitment plans into your corporate compliance arrangements.

What should you give your lawyer and accountant for the review?

Financial disclosure normally includes a solvency statement signed by at least one director and financial reports for the last two completed financial years. The statement reflects the previous financial year end, or its own date if the franchisor did not exist at that year end. A qualifying independent solvency audit can replace the financial reports if it is provided within four months after the relevant financial year ends and supplied with the statement.

Schedule 1, item 21 of the new code sets separate financial information requirements for entities that have existed for fewer than two financial years, or were insolvent during either of the last two completed financial years.

Ask your accountant to identify the appropriate financial material. Give NS Legal the current document and records of changes affecting the network, including:

• Franchise openings, closures, transfers and exits, together with relevant litigation information.
• Supply restrictions, supplier rebates and payments required from franchisees.
• Specific purpose funds and significant capital expenditure you expect franchisees to undertake.

Capital expenditure disclosure needs more than an unexplained allowance for future works. You must provide as much information as practicable about the amount, nature, timing, reasons, risks and anticipated benefits. Specific purpose funds also require annual financial statements to be prepared and given to contributing franchisees.

We will draft the updated disclosures, coordinate the financial attachments with your accountant and review any changes needed to your commercial contracts.

Which changes need disclosure before the next annual update?

Materially relevant events may need disclosure during the year. Where a prescribed event is absent from the disclosure document, written notice must be given to franchisees and prospective franchisees within a reasonable time, no later than 14 days after you become aware of it.

The categories include specified ownership or control changes, proceedings or judgments, insolvency events and changes to intellectual property important to the franchise.

New relevant financial statements, declarations or documents not reflected in or supplied with an updated disclosure document must be provided to franchisees and prospective franchisees as soon as reasonably practicable. Prospective franchisees must receive them before signing.

NS Legal will prepare the supplementary disclosure and delivery record using the event details and the date management became aware of it.

How do you complete the Franchise Disclosure Register update?

The code’s annual register date is on or before the 14th day of the fifth month after your financial year ends. For a 30 June year end, the ordinary date is 14 November, subject to the weekend calculation in 2026. ACCC guidance still asks you to complete the process before 14 November, so arrange it early. A profile that remains accurate still needs confirmation, and a disclosure document update exemption does not remove this obligation.

The register no longer accepts uploads of disclosure documents or key facts sheets. A new approved form applies to profiles created or updated from 30 March 2026. Check the current fields against the underlying business information rather than relying on last year’s submission.

NS Legal will prepare your register information and confirmation records, alongside any business sale or purchase documentation needed for a proposed transaction.

What if the deadline has passed or a document is wrong?

The ACCC can investigate compliance, issue infringement notices for suspected breaches of penalty provisions and bring court proceedings.

Under the new code, documents supplied to franchisees or prospective franchisees as required or permitted by the code must be retained for at least six years after supply. Supporting material for statements in a disclosure document must be kept for at least six years after that document was most recently provided.

Book a consultation and bring the earlier versions, recipient records and any agreements awaiting signature. We will prepare corrective documents, arrange necessary notices and respond to regulatory correspondence.

Compiled from official sources; updated 29 October 2026.