Store transfer fee is the extra fee charged by the upper class family when the store changes hands in commercial activities.
It seems that the original intention is to make up for the loss of the last family at one time (technically, it can also be delivered by installments), but the actual situation is that some shops in some places and lots ask for money unreasonably or charge exorbitant prices, which is suspected of being "illegal second landlords".
At present, there is no explicit provision in laws and regulations to intervene in this matter. It is generally understood that this is a problem of "one willing to fight and one willing to suffer" in business activities. It can only be decided by the transferor and the successor themselves: whether to pay the transfer fee or not, and how much to pay it.
The correct way is to invite the store to negotiate with the three parties. There are some skills in negotiation. You can invite more experienced relatives and friends to participate in this process.
Don't forget to sign a written transfer agreement with the other party after the matter is settled. The agreement should be signed by a third party in duplicate.
As for the landlord, after you decide to open a shop in his "site", you should first pay attention to inquiring and supervising the store lease license (see if there is any) and transfer procedures that he should handle (in principle, it should be handled in accordance with the Regulations on the Administration of Individual Industry and Commerce)
Second, before signing the store lease contract, you should carefully read the contents of the contract signed by your last family and the landlord, and make clear which terms can be inherited, which terms can be used for reference and which terms must be repeated. If it's convenient, you can also go to the store owner on the street or nearby to find out about the rental fee and transfer fee in this regard.
Then sign a new store lease contract with the landlord. The lease contract should be as comprehensive and detailed as possible. If you are confident in your own business projects and are worried that the landlord will increase the rental fee due, you can extend the rental time appropriately; If you are worried that the landlord will not renew the lease with you, you can state in the terms that you have the priority to lease when the contract expires. If you have the will and ability to renew the lease, if the other party does not renew the lease, the other party will compensate you for all the economic losses you may suffer.
When signing the contract, both parties should take out their ID cards or household registration books, sign their real names and write down their ID numbers. Both sides "agree" with each other. In order to be prudent and solemn, you can apply for notarization of the contract. This contract is made in triplicate, one for you, the landlord and the notary office.
As for the deposit, don't worry. Let the other party take out the real estate license and ID card and give you a receipt, so you are not afraid to deny it. If the deposit is paid to the sub-tenant, in addition to requiring the sub-tenant to issue a receipt according to the rules, the receipt must also be signed by the landlord (the landlord is required to be present when paying the deposit).
It must be remembered that the landlord is indispensable in the whole transfer process.
"Non-human factors" cover two aspects. On the one hand, the landlord's property is injured or lost due to "non-self" factors. For example, typhoon, lightning, flood, fire (fire at the city gate, damage to the fish pond) and other factors have nothing to do with us (that is, "not me"). This must be reflected in the contract in order to protect your legitimate rights and interests from infringement. In essence, signing this clause is beneficial to both parties to the contract. It is also indispensable for the landlord;
Another aspect of "non-human factors" should also be considered, that is, some answers mentioned that due to various reasons related to the government, streets, associations, policies and regulations and even temporary measures, it may (mainly) bring direct economic losses to the lessee. For example, the store was ordered to be demolished and had to be closed. For the landlord, this is also caused by "non-self" factors.
This requires you to conduct a more comprehensive investigation and understanding of the local town planning and the operating conditions and prospects of the location where the store is located. Then make the right choice and judgment on this basis.
In addition, some flexible additional terms should be added to the time limit for paying the store rent to avoid panic in some unpredictable situations. Some landlords are easy to talk to, and we should also guard against the malicious behavior of some bad owners.
The key to a contract is to clarify the rights and responsibilities of both parties.
I'm sure you've thought of many questions. Here are just a few possible redundant supplements.
Problems needing attention in taking over and handing over stores
1. The contract must be signed with the landlord.
2. The lease term can be as long as possible.
Be sure to state in the contract that you have the right to transfer.
It is very important to get the priority to renew the lease when the contract expires. If it really doesn't work, you should also ask the landlord for compensation.
5. Be sure to find the landlord, the real estate license is the key. The identity of the transferor should also be verified clearly, whether it is the current tenant (ID card, business license, lease contract).
6. Find out the expenses before the transfer, such as water and electricity, property, whether there is any arrears, etc. ...
7. It is very important that the transfer fee is staggering, tens of thousands or even hundreds of thousands, so be cautious. The calculation method is simple, and the transfer fee will be shared equally in the monthly cost. In fact, as I said, unless we are engaged in profiteering industry, those stores with high transfer fees don't need to be considered at all. If the landlord refuses to renew the contract after its expiration.
It is an effective way to take over the storefront transferred by others, whether it is a novice or an old shop to expand its scale. How can we reasonably estimate the value of the store, avoid the risk of transfer, and make the store we take over worthwhile? Attention should be paid to the following issues:
First of all, we must consider the property rights and service life of the house.
In the process of store transfer, the property right and service life of the house are the first issues that the receiver should consider.
When taking over a new store, it is best to have a comprehensive understanding of the local town planning and the operating conditions and prospects of the store location before making a decision. When taking over the storefront transferred by others, we must first understand the property rights of the house. Is it public house or private house? Has the previous lease contract expired? Are there any arrears in rent? Because only when the property right of the house is clear, can you apply for industrial and commercial business license, tobacco monopoly retail license and other documents.
At the same time, if you choose a house in an old housing area, an old city reconstruction area or a factory area, you must be cautious. Sometimes the relocation or expansion of the factory may also take back the house. These should be asked in advance by the competent authorities.
On March 16, 2006, the Fifth Session of the Tenth National People's Congress passed the Property Law of People's Republic of China (PRC) by a high vote. If there are any problems such as property rights, service life, change of procedures, etc., we must refer to the provisions in the Property Law of People's Republic of China (PRC) in time.
Be knowledgeable in licensing.
How is the business license generally handled after the transfer of the store? What are the precautions?
Before taking over a store transferred by others, you must first know whether the business license of the original store is transferred with the store. Is the tax paid on time? When is the deadline for payment of management fees? How much does it cost to reapply for transfer? Be sure to ask the industry and commerce department before the transfer.
Scientifically estimate the value of goods in the original store
When estimating the value of goods, we should not only consider the wholesale price, but also consider the depreciation of goods. You can't ask for expired goods, but some goods, such as daily necessities and condiments, will not sell well after a long time and have to be reduced in price.
In addition, we should also consider the depreciation of fixed assets. Such as shelves, counters, tables and chairs, etc. Depreciation should be accrued according to the number of years and usage.
A transfer agreement should be signed.
Be sure to sign the transfer agreement in advance, and we also invited a third party to be a witness.
Don't worry about taking over the store.
Are there any skills to take over the operation of the store?
Don't be impatient when you take over the store. Squeeze the water and choose the right time. At the same time, we should study the surrounding business environment, especially our competitors.
It's good to take over the old shop.
The transfer store has advantages that the new store does not have, and the old store has already had a group of customers through a little accumulation. Coupled with the reputation established by years of operation, these are financial resources. Compared with opening a new store, the risk of taking over an old store is much smaller. With the transfer of the store, the terrain, customers and purchasing power of the store were transferred together, and the recipient did not pay more for it.
So when changing stores, don't just stare at some tangible assets, but also calculate the input and income, and take a long-term view.
Summary of legal person
The store transfer fee is the extra fee charged by the upper family when the store changes hands in commercial activities, and it is the compensation that the lower family makes up for the losses suffered by the upper family due to the transfer. However, the actual situation is that some places, lots and stores ask for money unreasonably or ask for exorbitant prices, which is suspected of "illegally going home to be a second landlord".
Therefore, first, when estimating the transfer fee, we should fully consider the tangible and intangible value of the store when it is transferred. Tangible value can be materialized into commodities, counters, shelves, etc. And intangible value refers to the geographical environment, purchasing power and customer base of the store.
Second, handle the transfer contract in accordance with legal procedures. The more detailed the contract, the better. You can add some flexible clauses to protect your rights and interests. It is best to have an intermediary present when signing the agreement. If the transfer amount is large, you need to be especially careful. You can also apply for notarization if you are cautious.
Third, pay attention to check whether the landlord has a store lease license and transfer procedures.
Fourth, pay attention to non-human factors. In addition to demolition, we should also consider what to do after encountering risks such as typhoon, lightning, flood and fire. These situations that cause damage or loss to the landlord's property should be reflected in the contract to protect their legitimate rights and interests from infringement.
It is necessary to clarify whether the rights and obligations are transferred in whole or in part. According to the law, as long as it is not 1, it cannot be transferred according to the nature of the contract; 2, according to the agreement of the parties shall not be transferred; 3. Not transferable according to law. Transferable. Obligation of the transferor to cooperate with the change.
Last time, I analyzed the investment analysis and location of opening a video game store. This time, I would like to share with you the matters needing attention in transferring the store when selecting the site. (Investment analysis of video game stores-see Sunshine Bus Venture Network for site selection)
Transferring or subletting stores can save investment, time and energy, but there are also great risks, so we must be cautious. Store transfer is roughly divided into the following steps:
First determine the identity of the transferor to see if he is the property owner of the storefront. If the store operator is the owner of the house, first check whether the store's property certificate, business license, health permit and other related documents are complete, and initially consult the transfer price and rent of the house.
2. If you are interested in taking over, both parties can negotiate the specific prices of the transfer items such as house rent, store management equipment and decoration. If there is an agreement, a certain deposit can be paid in advance to ensure the priority to take over the store. The deposit recipient shall issue a deposit receipt, which shall specify the time, amount, purpose and other specific contents of the deposit.
Three. Both parties appraised the Store Transfer Agreement and the House Lease Contract to stipulate the specific rights and obligations of both parties.
Four, after the signing of the contract, pay the transfer fee according to the contract.
5. The transferor has the obligation to assist the receiver to handle the transfer change procedures. Therefore, the receiver should go through the formalities of name change registration in the industrial and commercial department in time with the required documents such as the evaluation contract, so as to determine the legality of the operation.
6. If the store operator is also the lessee, you must check the original contract with the property owner to see if it has the right to transfer (sublet); When evaluating the contract, the three parties shall be present and testify at the same time. (i.e. property owner, operator and receiver)
Seven, be sure to investigate the reasons for the transfer of the store and the previous creditor's rights and debts, and indicate them in the contract to avoid falling into the trap of the transfer contract.
Eight, there is a very important point: be sure to investigate in advance whether there is a municipal demolition plan in the short term in your favorite shop area, so as not to be deceived.
This is about the transfer of shops, but I think hospitals and shops are profitable, and the transfer procedures are probably the same