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Entrust its operation to a third party (Lease-management)

Leasing-management

What is the purpose of a lease-management agreement?

  • The management lease agreement allows the owner of a business to give a tenant-manager the right to freely exploit this fund at his own risk against the payment of a fee.
  • Lease management

  • allows the brand to retain ownership of a fund by ensuring its financing or income, through the collection of royalties, without personally exploiting it.
  • It is a way to make a network wealthier by having an independent bear the cost of capitalising the purchase price and equipment (if applicable) of the fund.
  • It allows the promoter of the distribution network to be the holder of the lease rights and therefore to control each commercial location: there is no unwanted exit.
  • The management lease may be coupled with a brand contract (franchise, license, concession, etc.). This arrangement makes it possible to better control the operating conditions of the business. The articulation of the two contracts must be perfect so as not to risk that one of the contracts is partially without cause, that is to say that royalties have the same counterparts (e.g. brand / brand).
  • The lease management saves the operator from having to acquire the assets constituting the fund and considerably reduces the capital contribution requirements. It is thus a way to accelerate the development of networks by broadening the target audience of the brand’s candidates.
  • Lease management

  • is also used by companies to allow the tenant to assess the viability of the company he plans to take over and allow him to improve his contribution in the perspective of a takeover.

We invite you to discover here all the articles related to leasing management.

 

GOUACHE AVOCATS advises you on setting up a management lease:

  • Consultation on the use of lease management and articulation with your distribution contracts
  • Verification of the conditions for the use of lease management
  • Management of authorisations to be obtained from the donors of the funds concerned
  • Drafting and preparation of contracts, resumption for articulation of your distribution contracts if they have to be coupled
  • Management of contracts, formal notices, terminations
  • Litigation of lease management contracts

Nicolas Pchibich

Avocat associé

Responsable "Immobilier commercial"

Stéphane Ingold

Avocat associé

Responsable "Immobilier commercial"

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It allows the promoter of the distribution network to be the holder of the lease rights and therefore to control each commercial location.

Our lease-management agreement preserves the interests:

  • head ends who intend to remain holders of the lease rights and control each commercial location,
  • tenant-managers who intend to operate their business at their convenience.