What proof of citizenship or residency is required from the transferee of an Aplus franchise?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Section in franchise or | Summary |
|---|---|---|
| other agreement | ||
| for the APLUS Store to Franchisor and shall | ||
| notify the telephone company and all listing | ||
| agencies of the termination or expiration of | ||
| Franchisee's right to use any telephone | ||
| numbers or facsimile numbers associated | ||
| with the Marks and shall authorize transfer of | ||
| same to or at | ||
| the direction of Franchisor; | ||
| (viii) comply with all other applicable; (ix) at | ||
| our option, assume your lease (if applicable) | ||
| and/or purchase certain APLUS Store assets. | ||
| provisions of the franchise agreement. | ||
| If, by mutual agreement, the related | ||
| agreements | ||
| remain in effect after the | ||
| termination or nonrenewal of the APLUS | ||
| Franchise Agreement, your obligations under | ||
| these agreements shall continue and you may | ||
| be obligated to pay to us additional rent. | ||
| If the APLUS Franchise Agreement is | ||
| terminated prior to the end of its stated term, | ||
| you must pay us liquidated damages (see | ||
| j. Assignment of contract by franchisor | APLUS - 18 | Item 6). We have the right to transfer or assign all or any part of our rights or obligations under the APLUS agreements to any person or legal entity, provided that the assignee agrees in writing to assume all obligations undertaken by us. |
| k. "Transfer" by franchisee - defined | APLUS - 18 Premises - 2.22 | Includes transfer of APLUS franchise, assets or ownership change (in whole or in part). |
| l. Franchisor approval of transfer by franchisee | APLUS - 18 Premises - 2.22 | Sunoco's prior approval is required for all transfers of your rights, interests or obligations under the APLUS Franchise Agreement and related agreements. |
| m. Conditions for franchisor approval of transfer | APLUS - 18 Premises - 2.22 | We may require the following conditions for our approval of the transfer: (i) you have complied with our right of first refusal requirements; (ii) you have paid all monetary obligations and are otherwise in compliance with the franchise agreement; (iii) you and each Owner has executed a general release; (iv) the prospective transferee has satisfied our then-current requirements for a franchisee; (v) the transferee has executed our then-current form of franchise agreement, nondisclosure agreements, a general release, and any other required documents; |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 53–64)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, a condition for the approval of a franchise transfer is that the transferee must provide proof of U.S. citizenship or permanent legal residency status. This requirement ensures that the individual taking over the Aplus franchise has the legal right to operate a business within the United States.
For a prospective Aplus franchisee, this means that if they plan to sell or transfer their franchise to someone else, the potential buyer will need to demonstrate that they are either a U.S. citizen or a legal permanent resident. This is a standard requirement in franchising to comply with federal and state laws regarding business ownership and operation.
The transferee will need to provide documentation such as a birth certificate, passport, green card, or other official documents to satisfy this requirement. This condition is part of Aplus's broader process to ensure that all franchisees meet certain qualifications and legal standards before being approved to operate an Aplus franchise.