Who determines the governance and commencement date of a Desi District Market Cooperative?
Desi_District Franchise · 2024 FDDAnswer from 2024 FDD Document
If Desi District Franchise Group establishes a Market Cooperative:
- (a) Governance.
Each Market Cooperative will be organized and governed in a form and manner, and shall commence operations on a date, determined by Desi District Franchise Group.
Desi District Franchise Group may require the Market Cooperative to adopt bylaws or regulations prepared by Desi District Franchise Group.
Unless otherwise specified by Desi District Franchise Group, the activities carried on by each Market Cooperative shall be decided by a majority vote of its members.
Desi District Franchise Group will be entitled to attend and participate in any meeting of a Market Cooperative.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to Desi District's 2024 Franchise Disclosure Document, Desi District Franchise Group determines the governance (form and manner of organization) and commencement date of any Market Cooperative. Desi District may also require the Market Cooperative to adopt bylaws or regulations that they prepare. However, unless Desi District specifies otherwise, the activities carried on by each Market Cooperative are decided by a majority vote of its members. Desi District is entitled to attend and participate in any Market Cooperative meeting.
If the members of a Market Cooperative are unable to decide how to spend the Market Cooperative's funds, Desi District Franchise Group may assume decision-making authority after providing 10 days' notice to the members. The purpose of each Market Cooperative is to administer regional advertising and marketing programs and develop standardized promotional materials for use by members in local advertising and promotion, subject to Desi District's approval.
Desi District also has the right to enforce franchisees' obligations to contribute to the Market Cooperative. The majority vote of the Market Cooperative determines the dues to be paid by members, including franchisees, but the dues must be between 1% and 5% of gross sales. Desi District can also terminate any Market Cooperative. If a Market Cooperative is terminated, any remaining funds will be transferred back to the franchisees based on their contributions.