Can the Manager of a Marble Slab Creamery cease operations at any Restaurant?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
(a)ction deemed necessary or advisable by the Manager in connection with the financing of the property to be acquired by the Company;
(b) to purchase liability and other insurance to protect the Company's property and business;
(c) to acquire, improve, manage, charter, lease, operate, sell, transfer, exchange, encumber, pledge or dispose of any real or personal property of the Company;
(d) to invest Company funds temporarily in time deposits, short-term governmental obligations, commercial paper or other short-term investments;
(e) to execute instruments and documents, including without limitation, checks, drafts, notes and other negotiable instruments, mortgages or deeds of trust, security agreements, financing statements, documents providing for the acquisition, mortgage or disposition of the Company's property, assignments, bills of sale, leases, partnership agreements, limited liability company agreements of other limited liability companies, and any other instruments or documents necessary, in the opinion of the Manager, to the business of the Company;
(f) to employ or retain a manager for any Restaurant and confer upon such Restaurant manager such authority to manage the business
- (g) to cease operations at any Restaurant;
(h) to employ accountants, legal counsel, managing agents or other experts to perform services for the Company and to compensate them from Company funds;
(i) to enter into any and all other agreements with any other person for any purpose, in such form as the Manager may approve;
(j) to, from time to time, open bank accounts in the name of the Company, and the Manager shall be the sole signatory thereon, unless the Manager determines otherwise;
- (k) to issue additional Units pursuant to Section 3.4;
- (l) to implement duly adopted decisions of the Members; and
(m) to do and perform all other acts as may be necessary or appropriate to the conduct of the Company's business.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery FDD, a manager has the authority to cease operations at any restaurant. The manager can take actions deemed necessary or advisable in connection with financing the property to be acquired by the company. They can also purchase liability and other insurance to protect the company's property and business.
Additionally, the manager has the power to acquire, improve, manage, charter, lease, operate, sell, transfer, exchange, encumber, pledge, or dispose of any real or personal property of the company. They can invest company funds temporarily in time deposits, short-term governmental obligations, commercial paper, or other short-term investments. The manager can execute instruments and documents, including checks, drafts, notes, mortgages, deeds of trust, security agreements, financing statements, and leases, necessary for the company's business.
Furthermore, the manager can employ or retain a manager for any restaurant and give them the authority to manage the business. They can also employ accountants, legal counsel, managing agents, or other experts to perform services for the company and compensate them from company funds. The manager can enter into agreements with any other person for any purpose, open bank accounts in the name of the company, issue additional units, implement decisions of the members, and perform all other acts necessary or appropriate to the conduct of the company's business.