Focus on cognac in Charente is not uselessPoint of gas gas competition the game remains sluggishIt is time to enter the era of pragmatismThe lowest rate in seventyfive years saidSuch a movement could quickly become uncontrollableMore reason to freedom in the negotiation85 over the last twelve months as the whole sector5 billion in capital for 18 of the capitalIn ten years the evolution is spectacularRemains to know how the markets will reactSince the Act "dutreil" (1), the Mayor of a municipality may exercise, on behalf of, a right of first refusal on any transfer of funds of trade or commercial lease, recorded in a backup perimeter bounded freely by the municipal Council. But this right was not exercised until now, waiting for the publication of the Decree. It is now made (2). These provisions appreciably restrict the rights of donors and tenants of commercial premises.
The reform is designed to allow municipalities to preserve the diversity of commercial and artisanal activity in a particular area, mainly in downtown, after consultation with the Chamber of commerce and industry and Chamber of trades and crafts which have a period of two months to give their opinion. This right of first refusal regarding all merchants, including in the event of retirement or award, but it is excluded for backup or procedure procedure.
What are the new obligations of the transferor if the commercial space is located in a perimeter of backup The assignor must contact the Mayor a prior declaration specifying the conditions and the price, at least thirty days before the date of assignment, under penalty of nullity of the sale which may be exercised for a period of five years. The lessor shall receive a copy of this statement. The silence by the administration for more than two months, constitute waiver of the exercise of the right. In practice, this time constraint will be added to the other conditions generally referred to this type of agreement.
Temporary law
The joint exercises its right of first refusal, if the prices and conditions offered. In case of disagreement on this award, the expropriation judge will be competent to fix judicially. As long as the price is not set, the transferor can withdraw his statement and the commune can be waived to preempt. But the commune is not operating businesses, its interest in the commercial premises is necessarily temporary. It must therefore, in the first year that the taking of effect of the assignment, call for nominations to reconvey trade Fund or the right to the lease. The Decree provides a display in City Hall for fifteen days. It is likely that other ads are implemented. The surrender must be necessarily operate to a merchant or a craftsman duly registered in the trade register or the directory trades and to meet the specifications established by the municipal Council, to ensure the objective of trade diversification. If within this period of a year, no tenant candidate did appear, the initial candidate, ousted by the exercise of the right of first refusal, will benefit from a right of priority. However, it is not certain that he is still interested.
What is the situation of the lessor Once the right of pre-emption exercised, he finds himself confronted with a "temporary" tenant, which is not subject to the legal provisions concerning commercial leases, which is not a trader and which will not operate the funds trade. Nothing is planned for this failure to operate, yet liable of the termination of the lease in common law, or if deadlines for a possible renewal of the lease. The retrocession, the agreement of the lessor on the candidate proposed by the municipality is required on pain of nullity. If this candidate does not suit him, the lessor has the faculty to seize of the referee. The text does not specify what will be the power of the judge hearing the application.
Many other questions will arise. In particular, the hypothesis of the society of business inputs where transfers of the securities of the company operating the Fund or the lease are not covered by Decree. Also, the management issues of trade and the staff by the common fund, as the risk of loss of the customer during the period of handover or one of the objections of the registered creditors on the price of the business preempted does are not resolved.
Use this order risks complicate and lengthen the time for transfers of funds of trade and commercial leases.
