How many votes is each Bojangles member entitled to in a cooperative?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Upon each question that may come before the membership for vote, each member shall be entitled to one vote for each Restaurant owned by that member and located within the DMA or transferred franchisee into the DMA by election under specific provisions of the Expense Sharing Agreement. All matters voted on require a majority vote of the members unless provided otherwise in the Expense Sharing Agreement. If a DMA contains both Bojangles Express Restaurants and freestanding, independent Restaurants, we may change the nature of membership of Bojangles Express Restaurants by giving written notice to all members granting Bojangles Express Restaurants one-half vote and full-size, freestanding Restaurants one vote each. In DMAs in which there are company-operated Restaurants, we may acquire the voting rights of some franchisees which may give us voting control of the cooperative. As a condition to the sale of existing company-operated Restaurants, we may retain the voting rights of the transferred Restaurants in the cooperative.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 37–49)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, each member of a cooperative is entitled to one vote for each restaurant they own within the designated market area (DMA). This includes restaurants that have been transferred into the DMA through specific provisions outlined in the Expense Sharing Agreement. However, the voting structure may differ for Bojangles Express restaurants, where the franchisor reserves the right to grant these locations one-half vote compared to the full vote of freestanding restaurants, provided written notice is given to all members.
Bojangles also retains the option to acquire voting rights from franchisees in DMAs where the company operates its own restaurants, potentially giving Bojangles voting control within the cooperative. Additionally, as a condition of selling company-operated restaurants, Bojangles may retain the voting rights associated with those transferred restaurants within the cooperative.
It's important to note that if a member fails to make the required cooperative contributions within 10 days of the due date, they forfeit their voting rights until the outstanding amounts are settled. All cooperative matters generally require a majority vote of the members, unless the Expense Sharing Agreement specifies otherwise. This system ensures that franchisees have a voice in cooperative decisions, while also allowing Bojangles to maintain influence, particularly in markets where it has a significant presence.