Skip to content
PARKSVILLE · E-2 FIELD GUIDE

Does a franchise agreement stop a Parksville buyer from satisfying the control requirement?

Sources checked:

THE DIRECT ANSWER

Not by itself. Franchisees own and run their businesses, and the requirement is met by ownership of at least half the enterprise or by operational control. The case should set out the decisions the franchisee actually makes within the system's constraints.

Constrained is not the same as controlled

Franchise systems standardize what customers see, and they leave the operator responsible for almost everything that determines whether a unit succeeds. That distinction is the answer to the control question, provided it is stated concretely. The application should describe who hires, trains, schedules and dismisses staff; who signs the lease and the supplier accounts; who controls the bank account and sets the operating budget; who decides on local marketing spend within the system's rules; and who bears the loss if the unit underperforms.

It should acknowledge the franchisor's constraints openly, because pretending they do not exist damages credibility. Where an agreement goes further than usual — a franchisor-appointed manager, for example, or franchisor control of the bank account — that is worth raising with an adviser before signing, since it changes the analysis materially.