factual

What requirement must the governing documents of a Carls Jr. Developer contain regarding Transfers, as defined in Section 10.A?

Carls_Jr Franchise · 2025 FDD

Answer from 2025 FDD Document

  • D. If Developer is an individual or a partnership and desires to Transfer this Agreement to a corporation (or limited liability company) formed for the convenience of ownership, the requirements of Section 10.B. shall apply to such a Transfer, however, Developer will not be required to pay a Transfer fee.

Source: Item 23 — RECEIPTS (FDD pages 76–364)

What This Means (2025 FDD)

According to the 2025 Carls Jr. Franchise Disclosure Document, if a Developer wishes to transfer their agreement to a corporation or limited liability company for convenience of ownership, the requirements of Section 10.B apply. However, the Developer will not be required to pay a transfer fee in this specific scenario.

Section 10.A broadly defines a "Transfer" as any sale, assignment, transfer, conveyance, gift, pledge, mortgage, or encumbrance of any direct or indirect interest in the Developer, the Development Agreement, or any assets related to the Developer's operations. This definition is quite comprehensive, covering a wide range of transactions that could affect the ownership or control of the Carls Jr. development rights.

This policy ensures that Carls Jr. maintains control over who operates and develops their franchises, even in cases where the ownership structure changes for convenience. By requiring adherence to Section 10.B, Carls Jr. can vet the new corporate or LLC entity and ensure they meet the brand's standards, while waiving the transfer fee in these specific cases may encourage franchisees to streamline their business structure without incurring additional costs.

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.