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Under what conditions can Buona require a franchisee to engage a designated accounting service after the initial 12 months of operation?

Buona Franchise · 2025 FDD

Answer from 2025 FDD Document

IV. ACCOUNTING AND RECORDS

  • 4.1 Maintenance and Retention of Books and Records; Designated Accounting Services. During the Term, Franchisee shall maintain and preserve complete and accurate books, records and accounts in accordance with U.S. Generally Accepted Accounting Principles and in the form and the manner prescribed by Franchisor from time to time in the Manual or otherwise in writing, which may include the use of designated software or a web-based platform, standard chart of accounts, and specified reporting periods for uniformity throughout the franchise system, and Franchisor access to financial data. Franchisee agrees to elect a fiscal year the same as Franchisor's fiscal year. During the first twelve (12) months of operation, Franchisee is required to engage and use an accounting service designated by Franchisor for preparation of financial statements and financial reporting. After the first twelve (12) months of operation, if at any time Franchisee is not in full compliance with the requirements of this Section VI., Franchisor can, by delivery of written notice, require Franchisee to once again engage and use the services of an accounting service designated by Franchisor.

Source: Item 23 — RECEIPTS (FDD pages 78–356)

What This Means (2025 FDD)

According to Buona's 2025 Franchise Disclosure Document, during the first 12 months of operation, a franchisee is required to use an accounting service designated by Buona for the preparation of financial statements and financial reporting. After this initial period, Buona can mandate the franchisee to re-engage a designated accounting service if the franchisee is not in full compliance with the accounting and records requirements outlined in Section VI of the franchise agreement.

These requirements include maintaining complete and accurate books, records, and accounts in accordance with U.S. Generally Accepted Accounting Principles (GAAP). These records must be kept in the form and manner prescribed by Buona, which may involve using designated software or a web-based platform, a standard chart of accounts, and specified reporting periods to ensure uniformity across the franchise system. Buona must also have access to the franchisee's financial data.

In practical terms, this means that a Buona franchisee must adhere strictly to Buona's prescribed accounting methods and standards. Failure to do so, even after the initial 12-month period, can result in Buona requiring the franchisee to use a designated accounting service. This provision ensures that all Buona locations maintain consistent and accurate financial reporting, which is crucial for the overall health and transparency of the franchise system. Franchisees should ensure they fully understand and comply with these accounting requirements to avoid any disruption to their business operations and maintain a good standing with Buona.

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.