Lease management of the company
To be organized
The company’s lease management can be decided on for personal, family or professional reasons, for example in the context of the operator’s retirement, or the future transfer of the company.
Given the risks it entails for the owner of the business (he is bound jointly and severally by the debts incurred by the operation), all aspects and effects of a lease management system must be strictly structured and controlled.
The initial contract is of primary importance, as it permits the company’s continuity and avoids its losing value as a result of its management by a third party.
Thémis can draft the initial legal instruments thereby offering full security for the parties and all appropriate guarantees to the owner of the business (lease-management contract with guarantees, option to buy the business…) as well as the mandatory legal formalities of registration and publication.
In particular, in the event that the rental of the business goes hand-in-hand with the rental of the premises, the rent, which shall also be called the fee as regards the business, must be individualized for each element rented. It is also important to draft an inventory of the furnishings and facilities and fittings placed at the operator’s disposal.
Given the risks which a lease management entails for the owner of the business (he is bound jointly and severally by the debts resulting from the operation), all its aspects and effects must be strictly structured and controlled.
The lease-management contract may be terminated when the business is definitively conveyed to the lessee-manager, in light of agreements, and among them financial agreements, which it is recommended that you broach at the time of the setting-up of the lease management.
It is also recommended that the fiscal aspect of conveyance (taxation on capital gains) be anticipated, in light of the specific nature of this situation, in particular if the lease-management is envisaged the context of the chief executive’s retirement.
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