factual

What is the definition of a 'transfer' in the context of ownership changes for a B Bops developer?

B_Bops Franchise · 2025 FDD

Answer from 2025 FDD Document

Any change in ownership interests which, when taken alone or together with all previous or simultaneous changes in ownership during the term hereof, constitutes a change of fifty percent (50%) or more of the ownership interests in Developer shall be considered a transfer subject to the provisions of Section 13(C) and 13(D) hereof.

Source: Item 23 — RECEIPTS (FDD pages 53–145)

What This Means (2025 FDD)

According to B Bops's 2025 Franchise Disclosure Document, a 'transfer' concerning ownership interests of a developer is defined as any change in ownership that, when combined with all previous or simultaneous changes during the agreement's term, amounts to 50% or more of the ownership interests in the developer entity. This definition is important because such a transfer is subject to specific provisions outlined in Sections 13(C) and 13(D) of the agreement, which likely detail the franchisor's rights and required procedures for such changes.

This provision ensures that B Bops maintains control over who its developers are and that any significant shift in ownership is subject to their review and approval. For a prospective franchisee, this means that if the developer entity (e.g., a corporation or partnership) undergoes changes in ownership that cumulatively reach or exceed 50%, it triggers the transfer provisions of the franchise agreement. This could involve seeking B Bops's approval, paying transfer fees, or meeting other conditions specified in the agreement.

It is important for potential B Bops developers to understand these transfer restrictions, as failing to comply with them could result in a breach of the development agreement. Furthermore, even changes that do not immediately trigger the 50% threshold must be monitored, as incremental changes can accumulate over time and eventually constitute a transfer requiring franchisor approval. This clause protects B Bops's interests by ensuring that significant changes in the developer's ownership structure are vetted and approved, maintaining the integrity and consistency of the franchise system.

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.