For Marble Slab Creamery, what is required for an assignee of a Member's Units to be admitted as a substitute Member?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.2 Additional and Substituted Members. Additional Members shall be admitted only upon (a) the consent of Members holding a Supermajority Percentage Interest; and (b) the execution of a counterpart signature page of this Agreement. An assignee of all or a pa
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, to admit an assignee of all or part of a Member's Units as a substitute Member, the consent of Members holding a Supermajority Percentage Interest is required. Additionally, the assignee must execute a counterpart signature page of the agreement.
This means that if a current member of Marble Slab Creamery wants to transfer their ownership stake (Units) to someone else, they can't do it unilaterally. They need to get approval from other members who collectively hold a 'Supermajority Percentage Interest,' which likely means a significant portion of the total ownership. The new member must also sign the agreement, indicating they understand and agree to its terms.
This requirement protects the interests of the existing members by ensuring that new members are vetted and approved by those who already have a significant stake in the company. It also ensures that the new member is legally bound by the terms of the agreement, just like the original members. Prospective franchisees should inquire about the specific percentage that constitutes a Supermajority Percentage Interest to fully understand the level of consent needed for such transfers.