Under what conditions can Bojangles change the voting nature of Bojangles Express Restaurants in a DMA?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
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, the company may alter the voting rights of Bojangles Express Restaurants within a Designated Market Area (DMA) under specific circumstances. If a DMA includes both Bojangles Express Restaurants and full-sized, freestanding restaurants, Bojangles has the option to change the voting structure.
Specifically, Bojangles can provide written notice to all members of the cooperative, granting Bojangles Express Restaurants one-half vote each, while full-size, freestanding restaurants receive one full vote each. This change allows Bojangles to differentiate the voting power between the two types of restaurants within the cooperative.
Additionally, in DMAs where Bojangles operates company-owned restaurants, the company may acquire voting rights from some franchisees. This acquisition could potentially give Bojangles voting control over the cooperative, further influencing decision-making within the DMA. Bojangles may also retain the voting rights of transferred restaurants as a condition of the sale of existing company-operated restaurants.