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For Bft franchise transfers, does a currently effective injunctive order relating to securities law against the transferring party prevent the transfer?

Bft Franchise · 2025 FDD

Answer from 2025 FDD Document

D. No such party is subject to a currently effective injunctive or restrictive order or decree relating to the franchise, or under a federal, State, or Canadian franchise, securities, antitrust, trade regulation or trade practice law, resulting from a concluded or pending action or proceeding brought by a public agency; or is subject to any currently effective order of any national securities association or national securities exchange, as defined

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–66)

What This Means (2025 FDD)

According to Bft's 2025 Franchise Disclosure Document, a currently effective injunctive or restrictive order or decree relating to securities law could impact a franchise transfer. Specifically, if the transferring party is subject to such an order resulting from a concluded or pending action brought by a public agency, this may prevent the transfer. This also applies to orders under federal, State, or Canadian franchise, antitrust, trade regulation or trade practice law.

This provision aims to ensure that individuals or entities involved in the Bft franchise system meet certain legal and ethical standards. The presence of an injunctive order suggests a history of non-compliance or legal issues that could pose a risk to the franchise system. Bft is likely trying to mitigate potential damage to its brand reputation and protect the interests of other franchisees by preventing transfers involving parties with such orders.

For a prospective Bft franchisee, this means that the franchisor will likely conduct thorough background checks on potential transferring parties to identify any existing injunctive orders. If such an order exists, it could delay or even prevent the transfer from proceeding. It is important for franchisees looking to transfer their franchise to be aware of this provision and to address any outstanding legal issues before attempting to transfer their franchise.

Disclaimer: This information is extracted from the 2025 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.