factual

Can the Managing Owner of a Bojangles franchise also serve as the Designated Operator?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

Your Managing Owner will be the person with whom we will communicate and will have the authority to bind you with respect to all financial, operational and legal matters related to the Franchised Business and your Development Agreements and Franchise Agreements with us. The Managing Owner shall own a majority of your equity interests during the entire period s/he serves as Managing Owner. If you do not have an owner with a majority equity interest, the Managing Owner shall own the next highest percentage equity interest during the entire period s/he serves as Managing Owner. The same individual may serve as your Managing Owner of all the franchised Restaurants controlled by you. Your Managing Owner must: (1) successfully complete our initial training program; (2) execute the Development Agreement and Franchise Agreement and be individually bound by all your obligations under those agreements; and (3) be approved by us. The Managing Owner may also serve as your Designated Operator as described below provided that the Managing Owner meets the criteria for both positions independently.

Your Designated Operator must devote his or her full time and best efforts to the supervision and conduct of the Restaurants that you develop and operate during the entire period that s/he serves as Designated Operator. The same individual may serve as your Designated Operator of all the franchised Restaurants controlled by you. Your Designated Operator must: (1) be appointed six (6) months prior to the first Restaurant opening; (2) successfully complete our initial training program; (3) be approved by us; and (4) execute a confidentiality agreement in the form required by us.

Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 53–54)

What This Means (2025 FDD)

According to Bojangles's 2025 Franchise Disclosure Document, the same individual can serve as both the Managing Owner and the Designated Operator for a Bojangles franchise, provided they independently meet the criteria for both positions. The Managing Owner is the primary point of contact with Bojangles and has the authority to make binding decisions on financial, operational, and legal matters. They must also own a majority of the equity interests, complete the initial training program, and be approved by Bojangles.

The Designated Operator, on the other hand, must devote their full time and best efforts to supervising and conducting the Restaurants. They must be appointed six months before the first Restaurant opening, complete the initial training program, be approved by Bojangles, and execute a confidentiality agreement.

This dual role is permissible as long as the individual satisfies all requirements for both positions. This could be beneficial for a franchisee who wants to be heavily involved in the business and streamline decision-making. However, it also means that the individual would need to dedicate significant time and effort to fulfill both sets of responsibilities. A prospective franchisee should carefully consider whether they have the capacity to handle both roles effectively.

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.