Under what conditions can Beverly Anns Cookie withhold consent to the transfer of a franchise in Minnesota?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
(This questionnaire is not to be used for any franchise sale in or to residents of California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin)
As you know, Mobile Cookie Company, LLC ("we" or "us"), and you are preparing to enter into a Franchise Agreement for the operation of a Beverly Ann's Cookie franchise.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Beverly Anns Cookie provides general information regarding their right to withhold approval or consent for franchise transfers. However, the document explicitly states that the Franchise Disclosure Questionnaire is not to be used for any franchise sale in or to residents of Minnesota. Therefore, the FDD excerpts do not provide specific details about the conditions under which Beverly Anns Cookie can withhold consent to a franchise transfer in Minnesota.
Item 23 generally states that Beverly Anns Cookie may withhold approval or consent in their sole discretion unless the Franchise Agreement expressly states that they may not unreasonably withhold such approval or consent. If Beverly Anns Cookie denies approval and the franchisee seeks legal redress, the only relief the franchisee may be entitled to is to acquire Beverly Anns Cookie's approval. The franchisee is not entitled to any other relief or damages for the denial of approval.
Because the standard Franchise Disclosure Questionnaire does not apply to Minnesota, prospective franchisees should carefully review the specific franchise agreement and any addenda applicable to Minnesota residents. They should also consult with a franchise attorney to understand their rights and obligations regarding franchise transfers in Minnesota, as the general terms may be modified or superseded by state-specific regulations.