For Ella Cafe, what happens if the Principal Executive transfers his or her equity interest?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
If the Principal Executive ceases to serve in, or no longer qualifies for, such position, or transfers his or her equity interest, Franchisee must designate another qualified person to serve as Franchisee's Principal Executive within 30 days after the date the prior Principal Executive ceases to serve or no longer qualifies to serve.
Any proposed replacement Principal Executive must successfully complete the initial training program and such other training required by Franchisor and be approved by Franchisor before assuming his or her position as Principal Executive and, in no event, later than 90 days after the previous Principal Executive ceased to serve in such position.
- (b) If the Principal Executive will not devote full-time efforts to the management and operation of the Coffee House governed by this Agreement then, in addition to the Principal Executive, Franchisee must appoint an individual to serve as its District Manager.
Franchisee's District Manager must have full control over day-to-day Coffee House management and operations.
Franchisee's District Manager need not have an equity interest in the Business Entity, but must have completed Franchisor's initial training program and all additional training that Franchisor requires, to Franchisor's satisfaction.
Franchisee's District Manager must devote his or her full-time efforts to Coffee House management and operations and must not engage in any other business or activity, directly or indirectly, that requires substantial management responsibility or time commitment.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2024 FDD)
According to Ella Cafe's 2024 Franchise Disclosure Document, if the Principal Executive transfers their equity interest in the franchise, the franchisee must designate a new Principal Executive within 30 days. This replacement is subject to Ella Cafe's approval.
The proposed replacement Principal Executive must successfully complete the initial training program and any other required training. Ella Cafe must approve the replacement before they assume the position. This process must be completed no later than 90 days after the previous Principal Executive ceased to serve.
If the Principal Executive does not devote full-time efforts to the management and operation of the Ella Cafe location, the franchisee must also appoint a District Manager. The District Manager must have full control over day-to-day operations and must complete Ella Cafe's initial and additional training programs to the franchisor's satisfaction. The District Manager is required to devote their full-time efforts to the Ella Cafe and does not need to have an equity interest in the business.