factual

Under what circumstances does Care Plus Medical Ucc NOT have a right of first refusal?

Care_Plus_Medical_Ucc Franchise · 2024 FDD

Answer from 2024 FDD Document

as Care Plus Medical UCC may require;

  • (viii) Franchisee, its Owners, and the transferee and its owners execute a general release of Care Plus Medical UCC in a form satisfactory to Care Plus Medical UCC; and
  • (ix) the Business fully complies with all of Care Plus Medical UCC's most recent System Standards.
  • 15.3 Transfer for Convenience of Ownership. If Franchisee is an individual, Franchisee may Transfer this Agreement to a corporation or limited liability company formed for the convenience of ownership after at least 15 days' notice to Care Plus Medical UCC, if, prior to the Transfer: (1) the transferee provides the information required by Section 2.3; (2) Franchisee provides copies of the entity's charter documents, by-laws (or operating agreement) and similar documents, if requested by Care Plus Medical UCC, (3) Franchisee owns all voting securities of the corporation or limited liability company, and (4) Franchisee provides a guaranty in accordance with Section 2.5.

Source: Item 22 — CONTRACTS (FDD page 41)

What This Means (2024 FDD)

According to the 2024 Care Plus Medical UCC Franchise Disclosure Document, Care Plus Medical UCC does not have a right of first refusal in certain transfer scenarios. Specifically, if the franchisee is an individual, they can transfer the agreement to a corporation or limited liability company formed for the convenience of ownership, provided certain conditions are met. These conditions include giving Care Plus Medical UCC at least 15 days' notice, providing required information about the transferee, supplying copies of the entity's charter documents if requested, owning all voting securities of the corporation or LLC, and providing a guaranty as required.

Additionally, Care Plus Medical UCC's right of first refusal does not apply to transfers to a co-owner or to a spouse, sibling, or child of an owner. In these specific cases, the franchisee or owner can proceed with the transfer without offering Care Plus Medical UCC the opportunity to purchase the assets first.

This is a fairly standard clause in franchise agreements, allowing for some flexibility in ownership structure and familial transfers without requiring franchisor approval. However, it is important to note that even in these cases, other transfer requirements outlined in the franchise agreement may still apply, such as ensuring the transferee meets certain qualifications and executes required documents.

Disclaimer: This information is extracted from the 2024 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.