Can a Beverly Anns Cookie franchisee alter their Company Documents without approval?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.1.2 Company Documents. At our request, you will furnish copies of all documents and contracts governing the rights and obligations of your Owners (such as, Articles of Incorporation or Organization and partnership, operating or shareholder agreements or similar documents, the "Company Documents"). You will not alter, change, or amend your Company Documents, without obtaining our prior written approval, which approval we will not unreasonably deny or withhold, and will grant if such changes will not prevent you from performing your obligations under this Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, franchisees are restricted from altering their company documents without prior written approval from the franchisor. These Company Documents include items such as Articles of Incorporation or Organization, partnership agreements, operating agreements, shareholder agreements, or similar documents that govern the rights and obligations of the franchisee's owners.
The franchisor's approval will not be unreasonably denied or withheld, and will be granted if the changes will not prevent the franchisee from performing their obligations under the Franchise Agreement. This provision ensures that Beverly Anns Cookie maintains a level of control over the franchisee's business structure to safeguard the brand and the franchise system.
This requirement is fairly standard in franchising, as franchisors need to ensure consistency and adherence to brand standards across all franchise locations. A prospective Beverly Anns Cookie franchisee should carefully consider this restriction and discuss any potential future changes to their company documents with the franchisor during their due diligence process.