Does the Southern Steer franchise agreement allow officers, directors, employees, or consultants of a publicly-traded company to own shares in that company if it operates a competitive business?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.7.
Prohibition on Transfer to Competitor by the Franchisee and Owners.
The Franchisee and the Owners will not Transfer this Agreement or their Ownership Interests in the Franchisee, the Franchise Agreement or the Southern Steer Business to any person or Entity that owns, operates, franchises, develops, consults with, manages, is involved in, or controls any Competitive Business.
If the Franchisor refuses to permit a Transfer of this Agreement under this provision, then the only remedy of the Franchisee and the Owners will be to have an arbitrator determine whether the proposed transferee owns or operates a Competitive Business.
The Franchisee acknowledges and agrees that the Franchisee will be solely responsible for all costs and fees charged by such arbitrator.
Source: Item 22 — ITEM. 22 CONTRACTS (FDD pages 61–168)
What This Means (2025 FDD)
According to the 2025 Southern Steer Franchise Disclosure Document, the franchise agreement addresses the transfer of ownership interests to entities involved in competitive businesses. Specifically, the agreement states that neither the franchisee nor the owners can transfer the agreement or their ownership interests to any entity that owns, operates, franchises, develops, consults with, manages, is involved in, or controls any competitive business.
This restriction on transfer to competitors is further reinforced by the stipulation that if Southern Steer refuses a transfer due to competitive concerns, the franchisee's only recourse is to have an arbitrator determine whether the proposed transferee is indeed involved in a competitive business. The franchisee is responsible for all costs associated with this arbitration.
While the FDD excerpt does not explicitly address the scenario of officers, directors, employees, or consultants of a publicly-traded company owning shares, the core principle is that no transfer of ownership can occur to any entity involved in a competitive business. A prospective franchisee should seek clarification from Southern Steer regarding how this policy applies to shareholders, especially those affiliated with publicly-traded companies, to ensure full compliance with the franchise agreement.