Is my franchise agreement void if the entire company went bankrupt?

ByNina Kaufman

Opinions expressed by Entrepreneur contributors are their own.

The company was sold to another brand.
Whether your franchise agreement can be voided depends on what it says. First, you will want to look for language that indicates whether or not the franchise agreement (or certain provisions) "survive the termination of the agreement."

Despite the franchise going bankrupt, the terms of the franchise agreement may make you personally liable for certain payments--and if you have not filed for bankruptcy protection, you could still be on the hook.

In addition, you'll want to look for language that allows the agreement to be "assigned" to another party, and what happens if that event occurs. Selling the company to another brand may or may not count.

To get a clear read on whether the agreement is still in force, you'll want to show it to an attorney who focuses on franchise matters.
Wavy Line

Nina L. Kaufman, Esq. is an award-winning New York City attorney, edutainer and author. Under herAsk The Business Lawyerbrand, she reaches thousands of entrepreneurs and small business owners with her legal services, professional speaking, information products, and LexAppeal weekly ezine. She also writes theMaking It Legalblog.

Editor's Pick

Business News

Kristen Bell and Dax Shepard's Family 'Stranded' at Boston Airport During 9-Hour Delay: 'We Made Quite a Home Here'

The actors spent $600 on pillows and blankets while waiting for their flight.

Business News

McDonald's Is Launching a Spinoff Restaurant Chain Based on a Beloved, Blast-From-the-Past Mascot

The company saw a lot of success with another former mascot, Grimace, in June.

Science & Technology

This Is the New ChatGPT Trend That Will Enhance Your Business

ChatGPT plugins are becoming the new cool trend among entrepreneurs to enhance their businesses and engage more customers. Here are some insights into how they're impacting business enterprises, along with some potential risks that may accompany the benefits.

Business News

Netflix is Hiring an AI-Focused Role—and the Starting Salary is up to $900,000

The streaming giant is looking for a leader in its machine learning department.

Innovation

68% of the World Will Soon Live in Urban Areas — Are Smart Cities the Future for Humanity?

Is Saudi Arabia's NEOM a vision or a mirage? Discover the transformative power of smart cities.