Under what conditions can Bonchon withhold permission for a franchisee to pledge, encumber, mortgage, hypothecate, or give a third party a security interest in the Franchise Agreement, the franchised Business, or the Bonchon Restaurant?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
first refusal, you and your selling owner(s) agree that, for two (2) years beginning on the closing date, you and they will be bound by the non-competition covenant contained in Section 12.02 above. We have the unrestricted right to assign this right of first refusal to a third party, who then will have the rights described in this Section.
14.07 Security Interest
Without our prior written consent (which will not be unreasonably withheld, delayed or denied), you may not pledge, encumber, mortgage, hypothecate or otherwise grant any third party a security interest in this Agreement, the franchised Business, your Restaurant, any ownership interests in you (if you are a business entity), any ownership interests in any business entity which directly or indirectly controls you, your Lease or Sublease (as applicable) or any of the tangible assets material to the operation of your franchised Business (including, without limitation, the premises of your franchised Business and your Location). We may require your compliance with any policy statement which we adopt and announce regarding such security interests. We reserve the right to review and approve the terms of any security agreement or other document granting a security interest in any of the assets or interests described in this Section 14.07, which approval shall be in writing.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, Bonchon has specific stipulations regarding a franchisee's ability to use their franchise agreement or business as collateral. Bonchon may withhold permission for a franchisee to pledge, encumber, mortgage, hypothecate, or grant a third party a security interest in the Franchise Agreement, the franchised Business, the Restaurant, ownership interests, or the lease without Bonchon's prior written consent. Bonchon states that this consent will not be unreasonably withheld, delayed, or denied. Bonchon also reserves the right to review and approve the terms of any security agreement.
Bonchon also states that a franchisee cannot permit any mortgage, lien, pledge, or other security interest in respect of any of the business entity's shares, equity interests, or other ownership interests without Bonchon's prior written consent. If a franchisee violates this restriction, Bonchon has the right to terminate the Franchise Agreement immediately upon notice.
These stipulations are designed to protect Bonchon's interests and ensure that franchisees do not take on financial obligations that could jeopardize the brand or their ability to operate the business. A prospective franchisee should carefully consider these restrictions and discuss any financing plans with Bonchon to ensure compliance with the Franchise Agreement.