1. Basic information of transferor and transferee;
2. Information such as the location and area of the store;
3, the transfer price, price payment period;
4. Rights and obligations of both parties;
5. Liability for breach of contract;
6. Dispute settlement.
The transfer agreement shall be signed by both parties through consultation. As long as both parties agree and sign (stamp or fingerprint), the agreement will come into effect (except for the contents that violate national laws and regulations) and be protected by law. At the same time, the partnership needs to go to the industrial and commercial bureau for change registration. It would be better if there is a witness to testify, or you can find a notary office to notarize it.
The contents of a shop transfer contract can generally include the following seven aspects:
1. Personal information of both parties to the store transfer contract. For example: the names, addresses and contact numbers of both parties;
2. List, quantity, price and total amount of the transferred property;
3. payment method;
4. Date of transfer;
5. Other related issues;
6. How to resolve disputes? For example: arbitration or litigation;
7. Corresponding accessories.
I. Procedures for Store Transfer
1. Identify the transferor and see if he is the owner of the storefront. If the store operator is the owner of the house, first check whether the store 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.
3. Both parties signed the Store Transfer Agreement and the House Lease Contract, thus stipulating the specific rights and obligations of both parties.
4. After the contract is signed, the transfer fee shall be settled in the way agreed in the contract.
5. The transferor has the obligation to assist the receiver to handle the transfer change procedures. Therefore, the receiver should go to the industrial and commercial department for the registration of name change in time when signing the contract and other required documents to determine the legality of the operation.
6. If the store operator is also a lessee, be sure to check the original contract signed with the property owner to see if there is transfer (sublease) right; When signing the contract, the three parties shall be present at the same time and sign the certificate. (i.e. property owner, operator and receiver)
Matters needing attention in store transfer
Two, in the process of store transfer, there are some matters needing attention:
1. Before signing the contract, both parties to the lease shall submit relevant identification certificates and house ownership certificates to the other party. You can also ask if the store has other ownership, such as mortgage. You should be very clear about whether there are any similar responsibilities in front of the door, such as three guarantees.
2. Be sure to investigate the reasons for the transfer of the store and the previous creditor's rights and debts, and clearly indicate them in the contract to avoid falling into the trap of the transfer contract.
3. Be sure to investigate in advance whether your favorite store has a municipal demolition plan in the short term, so as not to be deceived.
4. Acceptance is required when handing over the house. Both parties * * * jointly inspect the facilities and equipment in the house, fill in the list of ancillary facilities and equipment of the house, sign and seal it, and inspect it when it is ready.
You should keep the original contract and its attachments, just in case, you can spend some money to notarize it.
Legal basis:
civil law
Article 143 A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
civil law
Article 502 A lawfully formed contract shall become effective upon its formation, unless otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.