For a Focalpoint Coaching franchise, what restrictions apply to the issuance and transfer of ownership interests in the franchisee?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
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C. CONDITIONS FOR APPROVAL OF TRANSFER.
If Franchisee (and Franchisee's owners) is fully complying with this Agreement, then, subject to the other provisions of this Section 12, Franchisor will approve a transfer that meets all of the requirements in this Subsection 12.C.
If Franchisee is an entity, Franchisee's owners may transfer a non-controlling ownership interest in Franchisee or Franchisee's owners (determined as of the date on which the proposed transfer will occur) if: (1) the proposed transferee and its direct and indirect owners (if the transferee is an Entity) are of good character and otherwise meet Franchisor's then applicable standards for FocalPoint Franchised Business franchise owners (including no ownership interest in or performance of services for a Competitive Business, unless Franchisor provides prior written consent in its sole discretion); and (2) Franchisee gives Franchisor prior written notice of the transfer.
For any other proposed transfer (including a transfer of this Agreement, a transfer of a controlling ownership interest in Franchisee or one of Franchisee's owners, or a transfer which is one of a series of transfers (regardless of the time period over which these transfers take place) which in the aggregate transfer this Agreement or a controlling ownership interest in Franchisee or one of Franchisee's owners) all of the following conditions must be met before or concurrently with the effective date of the transfer:
- (1) the transferee has sufficient business experience, aptitude, and financial resources to operate the Franchised Business;
- (2) Franchisee has paid all Royalties, Fund contributions, and other amounts owed to Franchisor, Franchisor's affiliates, and third party vendors; has submitted all required reports and statements; and has not violated any provision of this Agreement or any other agreement with Franchisor during both the sixty (60) day period before Franchisee requested Franchisor's consent to the transfer and the period between Franchisee's request and the effective date of the transfer;
- (3) neither the transferee nor its owners (if the transferee is an Entity) or affiliates have an ownership interest (direct or indirect) in or perform services for a Competitive Business (unless Franchisor provides prior written consent in its sole discretion);
- (4) the transferee (or its managing owner) satisfactorily completes Franchisor's training program at the transferee's expense, and pays to Franchisor the then current training charge, plus any applicable taxes;
- (5) if the Office is in a non-residential location, Franchisee's landlord allows Franchisee to transfer the lease or sublease the premises where the Office is located to the transferee;
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, several conditions govern the transfer of ownership interests in a Focalpoint Coaching franchise. If the franchisee is an entity, owners can transfer a non-controlling ownership interest if the proposed transferee meets Focalpoint Coaching's standards for franchisees, including not having an ownership interest in or performing services for a Competitive Business without prior written consent. The franchisee must also provide prior written notice to Focalpoint Coaching.
For any other proposed transfer, including a transfer of the agreement itself, a controlling ownership interest, or a series of transfers that collectively result in a transfer of the agreement or a controlling interest, specific conditions must be met. These conditions are not detailed in this excerpt, but the document indicates that the franchisor must approve a transfer that meets all requirements in Subsection 12.C, assuming the franchisee and its owners are in full compliance with the agreement.
Additionally, a franchisee can transfer the agreement to a wholly-owned corporation or limited liability company that solely conducts the Franchised Business (and other FocalPoint Franchised Businesses, if applicable), provided the franchisee maintains management control and 100% equity and voting power. The corporation or LLC must assume all of the franchisee's obligations, and the franchisee remains personally liable under the agreement. Transfers of ownership interests in the corporation or LLC are subject to the same conditions that apply to non-controlling transfers as mentioned above.