factual

When must a Benihana franchisee deliver the Gross Sales Statement to BNC?

Benihana Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 8.1 Franchisee must, on the fifteenth (15th) day of each month (or the next business day if the fifteenth day is Saturday, Sunday, or holiday), deliver to BNC a written statement of Gross Sales for the preceding calendar month ("Gross Sales Statement"). The Gross Sales Statement must be certified as accurate by Franchisee, a financial officer of Franchisee, or Franchisee's principal accountant responsible for overseeing the Restaurant's books and records.

Source: Item 23 — Receipts (FDD pages 74–576)

What This Means (2024 FDD)

According to Benihana's 2024 Franchise Disclosure Document, a franchisee must deliver a written statement of Gross Sales for the preceding calendar month to BNC on the fifteenth (15th) day of each month. If the 15th falls on a Saturday, Sunday, or holiday, the statement is due on the next business day. This statement, referred to as the "Gross Sales Statement," must be certified as accurate by the franchisee, a financial officer, or the franchisee's principal accountant responsible for overseeing the restaurant's financial records.

This requirement ensures that Benihana receives timely and accurate financial information from its franchisees, allowing them to calculate royalties and advertising contributions accurately. Franchisees need to maintain meticulous sales records and ensure that the Gross Sales Statement is prepared and submitted on time each month to comply with the franchise agreement.

Failure to submit the Gross Sales Statement on time can result in financial penalties. Benihana has the right to debit the franchisee's business operating account for 120% of the most recent Royalty and Advertising Contributions paid. This underscores the importance of adhering to the reporting deadlines to avoid potential financial repercussions and maintain a good standing with Benihana.

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.