What is the condition under which Focus CFO will not unreasonably withhold its consent to a transfer?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
- 12.3. Consent by Focus CFO Required. The Transferring Area President shall not Transfer all or any of their interest in the Franchise or in any Book of Business, without obtaining the prior written consent of Focus CFO. Focus CFO will not unreasonably withhold its consent to the Transfer provided the above criteria has been met.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus CFO Franchise Disclosure Document, Focus CFO will not unreasonably withhold consent to a franchise transfer if certain criteria are met. Specifically, a franchisee, referred to as the "Transferring Area President," needs to meet specific requirements before transferring their franchise to another individual, known as the "Recipient Area President."
The conditions that must be satisfied include providing Focus CFO with advance written notice of the transfer. The notice period is at least ninety (90) days if the transfer is to an existing franchisee and at least 120 days if the transfer is to a new franchisee. Additionally, both the Transferring Area President and the Recipient Area President must provide Focus CFO with a summary of all material terms and conditions of the transfer. This summary should include the purchase price, if any, to be paid by the Recipient Area President to the Transferring Area President, as well as any agreement to split revenue from the Book of Business, including the percentage split and duration of the split.
Furthermore, the Transferring Area President's Franchise Agreement automatically terminates twelve (12) months from the date of transfer, unless terminated earlier by the Transferring Area President. The Transferring Area President may also be required to execute a general release upon termination, to the extent permitted by applicable law. If these conditions are met, Focus CFO will not unreasonably withhold its consent to the transfer.