What are the responsibilities of the 'Managing Owner' of an All County franchise?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
- "Managing Owner" means the Owner of the Franchised Business that has all the authority necessary to carry out day to day business decisions, answer any questions or requests we have, and bind you.
You acknowledge and agree that your owners and you will grant to one individual (the "Managing Owner"), the authority to legally bind you in any dealings with us, or our affiliates, and to direct any action necessary to ensure compliance with this Agreement and any other agreements relating to the Business.
You acknowledge and agree that the Business must at all times have a designated real estate broker of record, or its equivalent, who is duly registered with the state authorities in any state in which you will be operating the Franchise Business, if required by your state or jurisdiction.
The Managing Owner, at all times during the Term of the Agreement, shall maintain management control of the Business, or shall have like authority, ownership, managerial control and voting power in any limited liability company, partnership, or other form of entity, unless otherwise agreed upon in writing by us.
You will notify us thirty (30) days in advance of any change in the identity of the Managing Owner.
Where such change results from the death or incapacity of the Managing Owner, you shall immediately notify us of such death or incapacity, and you will appoint a new Managing Owner within sixty (60) days after such death or incapacity.
We reserve the right to review and disapprove of any newly appointed Managing Owner within ten (10) days of notice.
We reserve the right to review and approve the authority of the Managing Owner with respect to your Articles of Organization, LLC Operating Agreement, Partnership Agreement, Shareholders Agreement, or similar documents.
- 10.2. Additional Ongoing Required Training. We may require your Managing Owner and/or previously trained and experienced employees to attend additional required training courses at such times and locations that we designate, and we may charge reasonable fees for such courses. Your Managing Owner or on-premises manager must attend our Annual Conference, and we may charge you our reasonable fees for any individual to attend the Annual Conference.
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, the Managing Owner is a crucial role within the franchise. The Managing Owner is defined as the owner of the franchised business who possesses the full authority to make day-to-day business decisions, respond to any inquiries or requests from All County, and legally bind the franchisee. This individual serves as the primary point of contact between the franchisee and All County, ensuring smooth communication and adherence to the franchise agreement.
All County emphasizes the importance of having a designated Managing Owner to maintain clear lines of authority and responsibility. The franchisee must grant the Managing Owner the power to legally bind the franchise in dealings with All County and to take necessary actions to comply with the franchise agreement. Furthermore, if the franchise operates in a state requiring a registered real estate broker, the Managing Owner must hold this qualification.
If there are any changes to the Managing Owner, All County requires a 30-day advance notice. In the event of the Managing Owner's death or incapacitation, All County must be notified immediately, and a new Managing Owner must be appointed within 60 days. All County retains the right to review and disapprove any newly appointed Managing Owner within ten days of notice, ensuring that the individual meets their standards. This oversight extends to reviewing the Managing Owner's authority as defined in the franchisee's organizational documents, such as Articles of Organization or Operating Agreements.
All County also requires the Managing Owner and/or previously trained and experienced employees to attend additional required training courses at such times and locations that All County designates, and All County may charge reasonable fees for such courses. Your Managing Owner or on-premises manager must attend their Annual Conference, and All County may charge reasonable fees for any individual to attend the Annual Conference.