Checklist · Franchising & Distribution

Marketing and other specific purpose fund: annual statement, audit and franchisee vote (Franchising Code ss 31 and 61)

Year-end pack for a marketing, technology or other specific purpose fund: the statement format the Code requires, the 4-month and 30-day deadlines, the audit or the 75% franchisee opt-out vote, the separate account and spending limits, and a covering letter to franchisees.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 4 authorities it cites, for Australia.
Version
1
Source
Written for this library

When to use it

Use at each financial year end by a franchisor or fund administrator, and by a franchisee lawyer testing a fund statement or the use of fund money. It covers any fund franchisees must pay into for a common purpose, not only marketing funds.

How AI may be used

AI may map the fund ledger to the statement headings and compute the percentages; the fund administrator’s accountant prepares the statement, a registered company auditor audits it, and the lawyer checks the uses of fund money against s 61 and the disclosure document.

AI may

  • Classify ledger entries into income sources and expense items under the headings in Part B, and flag entries with no clear purpose
  • Calculate the percentage of total income spent on fund expenses and on administration and audit costs
  • Compare the expense categories against the kinds disclosed in the disclosure document and list any not disclosed

AI must not

  • Must not prepare or sign the financial statement or the audit report; those are for the fund administrator’s accountant and a registered company auditor
  • Must not decide whether an expense is a legitimate expense for the fund’s specified purpose
  • Must not record a franchisee vote as passed without the vote records showing 75% of contributing franchisees in Australia agreed within 3 months

The lawyer checks

  • The statement details all receipts and expenses with enough detail to show sources of income and items of expenditure, and gives the two percentages s 31(3)(b) requires
  • The statement was prepared, and audited (unless a valid 75% vote dispensed with the audit), within 4 months after year end
  • Copies of the statement and the auditor’s report go to every franchisee within 30 days of preparing or receiving them
  • Every use of fund money falls within s 61(4), the separate account is in place and corporate units contributed on the same basis

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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