How much compensation will be given to the relocation of the limited company?
1. What are the compensation for enterprise relocation? In the Regulation on Expropriation and Compensation of Houses on State-owned Land promulgated by the State Council on 20 1 1, the authority and procedure of expropriation of houses on state-owned land are specified in detail, but the compensation standard for the demolished enterprises is not specified in detail. After summing up many years' experience in handling cases, Mr. Wang's team of Beijing Law Firm believes that the government's compensation for the demolished enterprises is mainly divided into the following items: 1, compensation for immovable fixed assets such as land and houses that the demolished enterprises enjoy the right to use, including compensation for machinery and equipment that cannot be relocated; 2. The relocation expenses of the demolished enterprise and the compensation for temporary resettlement caused by the relocation, including equipment debugging expenses, goods removal and transportation expenses, shutdown expenses of enterprise employees or compensation for dismissing employees, etc. ; 3. The compensation for the loss caused by the shutdown of the demolished enterprise mainly depends on the actual situation of the annual output value of the demolished enterprise, but the demolished enterprise may consider the expected operating loss as appropriate; 4. Like the compensation for ordinary housing, there is a great subjective standard, which is to give certain relocation incentives to the operating enterprises that respond to the government's relocation policy. Second, the specific composition of enterprise relocation compensation fee (1) The compensation fee for fixed assets that cannot be relocated, such as land and houses, where the demolished enterprise enjoys the right to use. Land compensation At present, the land used by enterprises is divided into state-owned land and collective land. How should enterprises safeguard their own interests for different kinds of land? According to the Regulation on Expropriation and Compensation of Houses on State-owned Land, the buildings and attachments on state-owned land should be compensated, but the relevant laws of our country do not stipulate the buildings on open space or collective land. However, the author believes that according to the relevant provisions of the Property Law, in addition to compensation for attachments on the ground, compensation fees should also be calculated separately for land. 2. Compensation for the ground attachments such as houses and buildings According to the Regulations on Expropriation and Compensation of Houses on State-owned Land, the government should compensate the ground attachments such as houses and buildings of the demolished enterprises, and the compensation area shall be subject to the construction area recorded in the relevant real estate license. However, if it is impossible to apply for real estate license and land certificate for various reasons, the demolished enterprise should choose the appraisal company, and after the government entrusts it, the field value appraisal of the appraisal company shall prevail. 3. Compensation for machinery and equipment that cannot be moved. For machinery and equipment that cannot be relocated or whose relocation cost is higher than its actual value, the government should calculate the compensation for replacing new equipment in combination with its old and new and replacement prices to compensate the relocated enterprises. (2) Relocation expenses of the demolished enterprise, compensation for temporary resettlement caused by relocation 1, and equipment relocation and installation expenses. The compensation for immovable equipment is as mentioned above, but there is another set of compensation methods for relocatable equipment. For the equipment that can be relocated, the government should compensate for the losses caused by the relocation, including compensation expenses such as equipment removal fee, transportation fee, equipment installation fee and equipment debugging fee. 2. If the relocation of the temporary resettlement compensation enterprise needs to be relocated in different places, the excessive reasonable compensation expenses incurred during the relocation period from the time of relocation to the time when the new enterprise can operate shall be the standard. 3. Compensation fees paid by enterprises for dismissing employees When enterprises stop operating due to demolition, they will certainly pay a large amount of compensation fees, but these compensation fees are not always stipulated in detailed policies such as laws and regulations. Three. Compensation for loss of production or business suspension Article 23 of the Regulations on Expropriation and Compensation of Houses on State-owned Land stipulates that "the compensation for loss of production or business suspension caused by expropriation of houses shall be determined according to factors such as the benefits before the house is expropriated and the period of production or business suspension. The specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. " However, laws, regulations or other documents do not stipulate specific standards, and only a few provinces or cities have formulated specific standards. So this part of compensation is controversial in practice. In my opinion, the compensation for the loss caused by the suspension of production and business operation of enterprises should be mainly determined according to the actual operating profit of the demolished enterprises in the same period last year, and the loss of raw materials and semi-finished products caused by relocation should also be considered. Four. Incentive fee based on demolition policy In the process of demolition, in order to speed up the demolition progress, the government often formulates different incentive measures to encourage the demolished enterprises to sign resettlement compensation agreements as soon as possible. Because there are no specific standards of laws and regulations, this part of the compensation fee has subjective standards, so the demolished enterprises can fight for it a little. How much compensation will be given to the relocation of the limited company? However, with more and more new projects in China, land resources are scarce and cannot be reused, which will lead to the relocation of many buildings. Among them, enterprises, companies, businesses, etc. May be faced with the problem of relocation, so that we don't have to be upset, the state will give us some compensation. As long as the company develops well, it will have good performance wherever it is.