To whom must the Caring Senior Service franchisee furnish copies of their organizational documents?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
E FRANCHISEES
If you or any successor thereof is a partnership, corporation or limited liability company, or if the franchise granted hereunder is assigned to a partnership, corporation or limited liability company pursuant to Article 16 hereof:
- (a) upon the execution of this Agreement (or, in the case of an assignment, upon such assignment) and subject to the provisions of Article 16 hereof, upon each transfer of an interest in this Agreement or in you, all holders of an interest in you shall execute a written agreement with us in the form required by us individually undertaking to be bound, jointly and severally, by all of the terms of this Agreement;
- (b) the articles of partnership, partnership agreement, articles of incorporation, bylaws, articles of organization, operating agreement and other organization documents shall recite that the issuance and transfer of any interest therein is restricted by the terms of Article 16 of this Agreement and copies thereof shall be furnished to us at our request. You shall also submit to us, at any time upon request, a list of names and addresses of all directors, officers, partners and members or beneficial shareholders reflecting their respective interests in you and other information regarding you, in such form as we may require;
- (c) upon the execution of this Agreement, provide us with a certificate of good standing or due organization of the franchisee business entity from the Secretary of State or applicable state agency;
- (d) upon the execution of this Agreement, provide a certified resolution by the board of directors or members authorizing the corporation, partnership, or limited liability company to enter into the Franchise Agreement with Caring Senior Service Franchise Partnership, L.P.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to the 2025 Caring Senior Service Franchise Disclosure Document, if a franchisee is a partnership, corporation, or limited liability company, they must provide copies of their organizational documents to Caring Senior Service Franchise Partnership, L.P. Specifically, the articles of partnership, partnership agreement, articles of incorporation, bylaws, articles of organization, and operating agreement must include a statement that the issuance and transfer of any interest is restricted by the terms of Article 16 of the Franchise Agreement.
Additionally, Caring Senior Service requires franchisees to submit a list of names and addresses of all directors, officers, partners, members, or beneficial shareholders, reflecting their respective interests. This information must be provided in a form required by Caring Senior Service. Franchisees must also provide a certificate of good standing or due organization from the Secretary of State or applicable state agency.
Furthermore, a certified resolution by the board of directors or members authorizing the entity to enter into the Franchise Agreement with Caring Senior Service Franchise Partnership, L.P., and designating the authorized officer to execute the agreement, must be provided. A written document stating the name of the member, officer, director, or other principal responsible for the day-to-day operation of the Franchised Business is also required. These requirements ensure that Caring Senior Service maintains oversight and control over the ownership and management structure of its franchisees, which is a common practice in franchising to protect the brand and system standards.