Can the Managing Owner also serve as the Designated Operator for a Bojangles franchise?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall designate an individual to serve as Franchisee's "Managing Owner", subject to the following conditions:
- (1) The Managing Owner shall own a majority equity interest in Franchisee during the entire period s/he serves as Managing Owner. If Franchisee does not have an owner with a majority equity interest, the Managing Owner shall own the next highest percentage equity interest in Franchisee during the entire period s/he serves as Managing Owner;
- (2) The Managing Owner will be the person with whom Franchisor will communicate and will have the authority to bind Franchisee with respect to all financial, operational and legal matters related to the Franchised Business and this Agreement. The Managing Owner may also serve as Franchisee's Designated Operator as defined below provided that the Managing Owner meets the criteria for both positions independently;
- (3) The Managing Owner must attend and successfully complete, to Franchisor's satisfaction, the initial training program offered by Franchisor;
- (4) The Managing Owner shall execute this Agreement, and shall be individually bound by all obligations of Franchisee hereunder;
- (5) No person shall become a Managing Owner unless approved by Franchisor; and
- (6) The Managing Owner as of the Effective Date is identified on Exhibit A. If the Managing Owner is unable, or elects not, to continue to meet his/her obligations hereunder, or if, in Franchisor's sole discretion, the Managing Owner no longer qualifies to act as such, Franchisee shall promptly designate another Managing Owner subject to the same conditions and qualifications listed above. Franchisee's replacement Managing Owner must successfully complete Franchisor's initial training program within one hundred eighty (180) days after being appointed as Franchisee's Managing Owner.
- D.
At least six (6) months prior to opening the Restaurant, Franchisee shall designate an individual to serve as Franchisee's "Designated Operator" subject to the following conditions:
(1) The Designated Operator shall devote full time and best efforts to the supervision and conduct of the Franchised Business and any other Bojangles restaurants which may be operated by Franchisee;
(2) The Designated Operator must attend and successfully complete, to Franchisor's satisfaction, the initial training program offered by Franchisor;
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the Managing Owner can also serve as the Designated Operator for the franchise, provided they meet the criteria for both positions independently. The Managing Owner is the primary contact between the franchisee and Bojangles, with the authority to make binding decisions on financial, operational, and legal matters. They must also own a majority equity interest in the franchise, or the next highest percentage equity interest if no majority owner exists.
The Designated Operator, on the other hand, is responsible for the full-time supervision and conduct of the Bojangles restaurant. This individual must devote their full time and best efforts to managing the franchised business and any other Bojangles restaurants operated by the franchisee. The Designated Operator is named at least six months prior to the restaurant opening.
Both the Managing Owner and Designated Operator must attend and successfully complete Bojangles's initial training program. If the Managing Owner is unable to continue in their role, a replacement must be designated and complete the training program within 180 days. Similarly, if the Designated Operator cannot fulfill their obligations, a replacement must also complete the training within 180 days of appointment. This dual role is permissible as long as the individual satisfies all requirements for both positions, ensuring competent oversight and management of the Bojangles franchise.