Before filing with any government agency, what must be submitted to Ben Jerrys for review regarding an offering of securities?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 14.9 All materials required for any offering of securities or partnership interests in OPERATOR by federal or state law shall be submitted to BEN & JERRY'S by the offeror for review prior to filing with any government agency; and any materials to be used in any exempt or other similar offering (including, without limitation, any "crowdfunding" or "crowdsourcing" offering) shall be submitted to BEN & JERRY'S for review prior to their use.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, any materials required for an offering of securities or partnership interests in the OPERATOR must be submitted to Ben Jerrys for review before filing with any government agency. This also applies to materials used in exempt or similar offerings, including crowdfunding or crowdsourcing.
This means that if a Ben Jerrys franchisee seeks to raise capital through the sale of securities or partnership interests, they must first provide all offering-related documents to Ben Jerrys for their examination. This requirement allows Ben Jerrys to ensure that the offering aligns with their brand standards and does not negatively impact their reputation.
The review process is mandatory, and the franchisee must comply before proceeding with any filings with regulatory bodies like the SEC or state-level agencies. This step is crucial for maintaining transparency and protecting the interests of both the franchisee and Ben Jerrys. Franchisees should factor in the time required for this review when planning their capital-raising activities.