factual

Is franchisee assignment of the All County agreement allowed?

All_County Franchise · 2025 FDD

Answer from 2025 FDD Document

20. TRANSFER AND ASSIGNMENT.

  • 20.1. Assignment by Us. This Agreement is fully transferable by us and will inure to the benefit of any transferee or other legal successor to our interests herein.

  • 20.2. Assignment by You. This Agreement and the Franchise are granted personally to you. You may only assign or transfer any interest or ownership that you may have in the Business with our prior written approval. Any transfer without such approval constitutes a breach of this Agreement and is void. Our approval is conditioned on the prospective transferee agreeing to sign our then-current franchise agreement with us and meeting our qualifying conditions and requirements. We will not unreasonably withhold the approval of a prospective franchisee.

  • 20.3. Assignments. An assignment, transfer, sale, gift or other disposition includes the following events:

    • 20.3.1. transfer of ownership of capital stock, partnership interest, or other equity interest in you;
  • 20.3.2. merger or consolidation or issuance of additional securities or interests representing an ownership interest in you;

  • 20.3.3. any issuance or sale of your stock or any security convertible to your stock to any person or entity other than an existing owner;

  • 20.3.4. transfer of an interest in you, this Agreement or the Business in a divorce, insolvency or corporate or partnership dissolution proceeding or otherwise by operation of law;

  • 20.3.5. transfer of an interest in you, this Agreement or the Business, in the event of your death or the death of one of your owners, by will, declaration of or transfer in trust or under the laws of intestate succession;

  • 20.3.6. pledge of this Agreement (to someone other than us) or of an ownership interest in you as security, foreclosure upon the Business or your transfer, surrender or loss of possession, control or management of the Business; or

  • 20.3.7. transferring any of the accounts or clients of the Business to anyone except to another ALL COUNTY® business that has been approved in writing by us or to us or our designees.

Source: Item 23 — Receipts (FDD pages 43–157)

What This Means (2025 FDD)

According to All County's 2025 Franchise Disclosure Document, the franchise agreement and the franchise itself are granted personally to the franchisee. As such, a franchisee can only assign or transfer any interest or ownership in the All County business with prior written approval from All County. Any transfer without this approval is considered a breach of the agreement and is void.

All County's approval is conditional. The prospective transferee must agree to sign the then-current franchise agreement and meet All County's qualifying conditions and requirements. However, All County will not unreasonably withhold approval of a prospective franchisee.

The FDD lists several events that are considered an assignment, transfer, sale, gift, or other disposition. These include transfer of ownership of capital stock, partnership interest, or other equity interest; merger or consolidation; issuance of additional securities; transfer of interest in divorce, insolvency, or death; pledge of the agreement; or transferring any of the accounts or clients of the business to anyone except to another approved All County business.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.