What information must a Bhc franchisee include in the written notice to Bhc regarding a proposed assignment?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor's consent to a specific Assignment by Franchisee is not cumulative and will not apply to any subsequent assignments, in respect of each of which Franchisee must comply with this section 12.2.
- (b) Prior to any Assignment by Franchisee, Franchisee must notify Franchisor of Franchisee's intent to sell, transfer or assign the Franchise, all (or substantially all) the assets of the Franchised BHC Restaurant, or a controlling or non- controlling interest in Franchisee (if an entity).
The notice must be in writing, delivered to Franchisor in accordance with section 16.1 hereof and include the following:
(i) the proposed transferee's name and address;
(ii) a copy of all agreements related to the sale, assignment, or transfer of the Franchise, the assets of the Franchised BHC Restaurant, or the controlling interest in Franchisee (if an entity); and
(iii) the proposed transferee's application for approval to become the successor franchisee (this application must include all forms, financial disclosures and related information generally used by Franchisor when interviewing prospective new franchisees, if Franchisor makes those forms available to Franchisee.
If the forms are not readily available, Franchisee must request that Franchisor deliver the forms to Franchisee by business courier in accordance with section 16.1 hereof within 15 calendar days).
As soon as practicable after the receipt of the proposed transferee's application, Franchisor will notify, in writing, Franchisee and the proposed transferee of any additional information or documentation necessary to complete the transfer application.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, a franchisee who intends to sell, transfer, or assign their franchise must provide written notice to Bhc. This notice must include specific information to allow Bhc to assess the proposed transfer. The notice must be delivered to Bhc according to section 16.1 of the franchise agreement.
The required information includes the proposed transferee's name and address. Additionally, the franchisee must provide a copy of all agreements related to the sale, assignment, or transfer of the franchise, the assets of the Bhc restaurant, or the controlling interest in the franchisee (if the franchisee is an entity).
Finally, the franchisee must include the proposed transferee's application for approval to become the successor franchisee. This application should encompass all forms, financial disclosures, and related information that Bhc typically uses when interviewing prospective new franchisees, assuming Bhc makes these forms available to the franchisee. If these forms are not readily accessible, the franchisee must request that Bhc deliver the forms via business courier within 15 calendar days, as per section 16.1 of the agreement. Bhc will then notify the franchisee and the proposed transferee of any additional information or documentation needed to complete the transfer application.