factual

For a permitted transfer with Itan, how much prior notice must be given to Itan?

Itan Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 19.3. Permitted Transfers. You may engage in a Permitted Transfer without our prior approval, but you must: (a) give us at least 10 days' prior notice; and (b) upon our request, cause the former Franchisee Entity to sign a corporate guarantee in the format we require to secure performance of the new Franchisee Entity's financial obligations under all Definitive Agreements (if the Permitted Transfer results in a new Franchisee Entity).

You and the Owners (and transferee) must sign all documents we reasonably request to effectuate and document the Permitted Transfer.

Source: Item 23 — RECEIPT (FDD pages 44–190)

What This Means (2025 FDD)

According to Itan's 2025 Franchise Disclosure Document, a franchisee may engage in a permitted transfer without prior approval from Itan, provided they give Itan at least 10 days' prior notice. Additionally, upon Itan's request, the former Franchisee Entity must sign a corporate guarantee to secure the financial obligations of the new Franchisee Entity under all Definitive Agreements, if the permitted transfer results in a new Franchisee Entity.

This means that if a franchisee qualifies for a "Permitted Transfer" as defined by Itan, they do not need to seek formal approval. However, they must still inform Itan of the transfer at least 10 days in advance. This notification period allows Itan to prepare for the transfer and request necessary documentation, such as a corporate guarantee from the former franchisee entity, ensuring the financial stability of the franchise continues under new ownership.

It is important for prospective Itan franchisees to understand the conditions that qualify as a "Permitted Transfer" and the specific requirements for providing notice. Failure to comply with these requirements could result in the transfer being deemed invalid or a breach of the franchise agreement. Franchisees should carefully review the franchise agreement to fully understand their obligations and ensure a smooth transfer process.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.