What is the exception to the attachment/lien rule for Crown Gold Exchange franchisees?
Crown_Gold_Exchange Franchise · 2024 FDDAnswer from 2024 FDD Document
- 15.7 No Lien on Agreement. Franchisee shall not grant a security interest in this Agreement to any person or entity.
If Franchisee grants an "all assets" security interest to any lender or other secured party, Franchisee shall cause the secured party to expressly exempt this Agreement from the security interest.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to the 2024 Franchise Disclosure Document, Crown Gold Exchange franchisees are generally prohibited from granting a security interest in the Franchise Agreement itself to any person or entity. This means a franchisee cannot use the agreement as collateral for a loan or other obligation.
However, there is an exception: if a Crown Gold Exchange franchisee grants an "all assets" security interest to a lender or secured party, the franchisee must ensure that the secured party expressly exempts the Franchise Agreement from that security interest. In practical terms, while a franchisee can pledge all of their business assets as collateral, they have to specifically exclude the franchise agreement from that pledge.
This provision protects Crown Gold Exchange by preventing a third party from potentially taking control of the franchise agreement if the franchisee defaults on a loan. It ensures that Crown Gold Exchange maintains control over who operates a franchise under its brand, even in cases of franchisee financial distress. This is a fairly standard clause in franchise agreements, designed to safeguard the franchisor's brand and system.