factual

What conditions must be met for Aplus owners to transfer their ownership interests among each other?

Aplus Franchise · 2024 FDD

Answer from 2024 FDD Document

n a general release in favor of Franchisor and in the form Franchisor requires; and (d) you pay to Franchisor a $1,500 administrative fee.

  • 8.3. Transfer Among Owners; Transfer of Non-Controlling Interest. If you are a Business Entity, your Owners may transfer their ownership interests in the Business Entity among each other, and may transfer up to a Non-Controlling Interest in the Business Entity to one or more third parties, if: (a) you have provided to Franchisor advance notice of the transfer; (b) Attachment C to this Agreement has been amended to reflect the new ownership; (c) each new Owner has signed a Guaranty and Personal Undertaking in the form of Attachment D; (d) each previous and/or new Owner has sign

Source: Item 22 — CONTRACTS (FDD page 68)

What This Means (2024 FDD)

According to Aplus's 2024 Franchise Disclosure Document, if the franchisee is a business entity, the owners may transfer their ownership interests in the business entity among each other if certain conditions are met.

First, Aplus requires advance notice of the transfer. Second, Attachment C to the Development Agreement must be amended to reflect the new ownership structure. Third, each new owner must sign a Guaranty and Personal Undertaking in the form of Attachment D. Fourth, each previous and/or new owner must sign a general release in favor of Aplus in the form that Aplus requires. Finally, the franchisee must pay Aplus a $2,500 administrative fee.

It is important to note that these conditions apply specifically to transfers of ownership interests among existing owners of a business entity that is a franchisee. Transfers of a controlling interest or transfers to outside parties are subject to different and potentially more stringent requirements, as outlined elsewhere in the Development Agreement. A "Non-Controlling Interest" is defined as any interest less than 51% of the corporation, limited liability company, or partnership.

Disclaimer: This information is extracted from the 2024 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.