What is Beehive Homes' requirement for an assignee or transferee of the Franchise Agreement?
Beehive_Homes Franchise · 2025 FDDAnswer from 2025 FDD Document
ment to Corporation.]**
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- Without the prior written consent of Bee Hive Homes, Assignor, Assignee, and Shareholders may not, either voluntarily or by operation of law, make or permit:
- a) any further transfer or assignment of the Franchise or the Franchise Agreement;
- b) any pledge or encumbrance of the Franchise;
- c) any assignment, transfer, or pledge of any equity interest in Assignee including, but not limited to, transfers in any entity that is a Shareholder;
- d) the creation of new or additional equity interests in Assignee; or
- e) any amendment of the terms of any organizational documents relating to Assignee.
Equity interests, as used in this Assignment, include direct or indirect equity or beneficial interests in Assignee and the business risks associated with the Franchise including, but not limited to, interests stated as debt that include any type of risk-taking interest or any interest in the profits or appreciation of the Home.
[Alternate paragraph to be used for Assignment to Partnership.]
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- Without the prior written consent of Bee Hive Homes, Assignor, Assignee, and Partners may not, either voluntarily or by operation of law, make or permit:
- a) any further transfer or assignment of the Franchise or the Franchise Agreement;
- b) any pledge or encumbrance of the Franchise;
- c) any assignment, transfer, or pledge of any equity interest in Assignee including, but not limited to, transfers in any entity that is a Partner;
- d) the creation of new or additional equity interests in Assignee;
- e) the change of a limited partnership interest to a general partnership interest or of a general partnership interest to a limited partnership interest; or
- f) any amendment of the terms of any partnership agreement or other organizational documents relating to Assignee.
Equity interests, as used in this Assignment, include direct or indirect equity or beneficial interests in Assignee and the business risks associated with the Home including, but not limited to, interests stated as debt that include any type of risk-taking interest or any interest in the profits or appreciation of the Home.
[Alternate paragraph to be used for Assignment to Limited Liability Company.]
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- Without the prior written consent of Bee Hive Homes, Assignor, Assignee, and Members may not, either voluntarily or by operation of law, make or permit:
- a) any further transfer or assignment of the Franchise or the Franchise Agreement;
- b) any pledge or encumbrance of the Franchise;
- c) any assignment, transfer, or pledge of any equity interest in Assignee including, but not limited to, transfers in any entity that is a Member;
- d) the creation of new or additional equity interests in Assignee; or
- e) any amendment of the terms of any operating agreement or other organizational documents relating to Assignee.
Equity interests, as used in this Assignment, include direct or indirect equity or beneficial interests in Assignee and the business risks associated with the Home including, but not limited to, interests stated as debt that include any type of risk-taking interest or any interest in the profits or appreciation of the Home.
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- Assignor, Assignee, and [Shareholders/Partners/Members] represent and warrant that:
- a) they are the only persons or entities with equity interests in Assignee and their ownership interests are as shown on Exhibit A; and
- b) there is no obligation or intention to issue additional equity interests in Assignee.
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- If any [Shareholders/Partners/Members] are trustees or trusts:
- a) the beneficial interests in the trusts may not be assigned, transfers to successor trustees or special trustees may not be made even if the transfer is provided for in any trust agreement, and the trust agreement may not be amended without the prior written consent of Bee Hive Homes;
- b) Exhibit A lists all persons who are trustees of any nature or have beneficial interests in any [Shareholder's/Partner's/Member's] trust(s);
- c) this Assignment is not a consent to any future transfers of equity interest(s) of Assignee to any [Shareholder's/Partner's/Member's] trust beneficiaries based on any
condition including, but not limited to, attainment of a certain age or occurrence of any event.
Source: Item 23 — RECEIPTS (FDD pages 34–123)
What This Means (2025 FDD)
According to Beehive Homes' 2025 Franchise Disclosure Document, if a franchisee wishes to assign or transfer their franchise agreement, several conditions must be met. Beehive Homes' prior written consent is required for any further transfer or assignment of the franchise or the Franchise Agreement. This consent is also needed for any pledge or encumbrance of the franchise, or any assignment, transfer, or pledge of any equity interest in the assignee, including transfers in any entity that is a Shareholder, Partner, or Member. The creation of new or additional equity interests in the assignee also requires prior written consent. Finally, any amendment of the terms of any organizational documents relating to the Assignee, such as partnership or operating agreements, necessitates Beehive Homes' prior written approval.
These requirements ensure that Beehive Homes maintains control over who operates its franchises and that the brand's standards and reputation are upheld. By requiring consent for transfers, pledges, and changes in equity interests or organizational documents, Beehive Homes can vet potential new operators and ensure they meet the company's criteria. This protects the integrity of the franchise system and the interests of other franchisees.
For a prospective Beehive Homes franchisee, this means that selling or transferring the franchise is not a straightforward process and requires careful planning and communication with Beehive Homes. It is essential to understand these restrictions and obligations before entering into a franchise agreement to avoid potential conflicts or delays in the future. The franchisee must also ensure that any potential buyer or assignee is aware of these requirements and is willing to comply with them.
Additionally, the document specifies that all issued and outstanding shares of stock of the assignee must include a legend stating that the stock cannot be transferred without Beehive Homes' prior written consent. This provision further reinforces Beehive Homes' control over the ownership and operation of its franchises. The franchisor may also request copies of all outstanding certificates of stock of the assignee.