---
title: "Request for franchisor consent to transfer, and the franchisor’s response within 42 days (Franchising Code ss 24, 48 and 49)"
url: "https://ailawframework.com/precedents/franchising-and-distribution/transfer-consent-request-and-response"
type: "precedent"
site: "AI Law Framework"
id: "a34-transfer-consent-request-and-response"
area_id: "A34"
kind: "letter"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-18"
---

# Request for franchisor consent to transfer, and the franchisor’s response within 42 days (Franchising Code ss 24, 48 and 49)

> Paired letters for the sale of a franchised business: the franchisee’s written request for consent with the information the franchisor needs, and the franchisor’s response giving or refusing consent with reasons and…

Canonical page: https://ailawframework.com/precedents/franchising-and-distribution/transfer-consent-request-and-response  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

Paired letters for the sale of a franchised business: the franchisee’s written request for consent with the information the franchisor needs, and the franchisor’s response giving or refusing consent with reasons and conditions, timed against the 42-day deemed-consent rule.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Franchising & Distribution](https://ailawframework.com/precedents/franchising-and-distribution.md)
- Jurisdictions: Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 4 authorities it cites, for Australia.

## When to use it

Use when a franchisee is selling its franchised business and the agreement is to be transferred to a buyer. The seller’s lawyer uses Part A; the franchisor’s lawyer uses Part B and the timing table. Where the buyer will sign a new franchise agreement instead, the s 23 entry steps also apply.

## How AI may be used

AI may assemble the request from the sale contract and buyer information and calculate the 42-day and 14-day dates; the lawyer decides what information is reasonably required and, for the franchisor, whether refusal or conditions are reasonable.

**AI may:**

- Fill the request from the business sale contract, the buyer’s details and the agreement’s transfer clause
- Calculate the 42-day deemed-consent date from the request date or the date the last further information was given, and the 14-day s 24(3) waiting period
- List the agreement’s transfer conditions (training, fees, refurbishment, guarantees) and mark which are met on the documents provided

**AI must not:**

- Must not decide whether the buyer meets the franchisor’s selection criteria or can meet the financial obligations
- Must not state reasons for refusal that are not supported by the file or that fall outside s 49(6) without the lawyer’s view that they are reasonable
- Must not send the buyer’s financial and identity documents to a tool not approved for confidential material

**The lawyer checks:**

- The request is in writing and attaches all information the franchisor would reasonably require (s 48(2)), so the 42-day clock starts
- Any refusal is in writing within 42 days, gives reasons, and is reasonable having regard to the s 49(6) circumstances
- Consent is not given before 14 days after the s 24(2) documents are given to the buyer (s 24(3))
- The buyer has been told of the s 52 cooling-off right and the sale contract deals with it

## Authorities

- [Competition and Consumer (Industry Codes—Franchising) Regulations 2024 (Cth) s 48 (request for franchisor’s consent to transfer; information to accompany it; request for further information)](https://www.legislation.gov.au/F2024L01605/latest/text)
- [Competition and Consumer (Industry Codes—Franchising) Regulations 2024 (Cth) s 49 (written advice of consent or refusal with reasons; consent not to be unreasonably withheld; deemed consent after 42 days; revocation within 14 days; reasonable grounds in s 49(6))](https://www.legislation.gov.au/F2024L01605/latest/text)
- [Competition and Consumer (Industry Codes—Franchising) Regulations 2024 (Cth) s 24 (documents for the prospective franchisee on a transfer; no consent until 14 days after they are given)](https://www.legislation.gov.au/F2024L01605/latest/text)
- [Competition and Consumer (Industry Codes—Franchising) Regulations 2024 (Cth) s 52 (cooling off period for transferred franchise agreements)](https://www.legislation.gov.au/F2024L01605/latest/text)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/franchising-and-distribution/transfer-consent-request-and-response and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*