Under what condition can Focus CFO withhold 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 Focus Cfo's 2025 Franchise Disclosure Document, a Transferring Area President cannot transfer any interest in the Franchise or Book of Business without Focus CFO's prior written consent. However, Focus CFO will not unreasonably withhold its consent to the transfer if the specified criteria for transfer have been met.
These criteria include providing Focus CFO with advance written notice of the transfer. The notice must be given at least ninety days in advance if the transfer is to an existing franchisee, and at least 120 days' notice 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 must include the purchase price and any agreement to split revenue from the Book of Business, including the percentage split and duration.
Furthermore, the Transferring Area President's Franchise Agreement automatically terminates twelve months from the date of transfer, unless terminated earlier by the Transferring Area President. The Transferring Area President must also execute a general release on the date of termination, to the extent permitted by applicable law. Focus CFO's ability to withhold consent is therefore limited, provided these conditions are met, ensuring a fair process for franchise transfer.