Creating a leased enterprise
Management of the Company
The creation of the rent enterprises by concluding the lessee (tenant) of a lease agreement with the lessor (landlord) to pay urgent possession and use of property necessary for the lessee to conduct entrepreneurial and other activities. The establishment of enterprises on the basis of leasing relations are now developing in all sectors of the economy, the greatest development they received in the construction, domestic, commercial service, etc.
Promising form of rental, which is widely used especially in countries with highly developed economies, leasing is.
Leasing is a contract for the right to use the property for a fee based on rent relations. Distinguish financial leasing (rent) by which property after its full payment transferred to the ownership of the user (the lessee) and operational leasing (lease) under which a property after a specified period of use is transferred to the initial owner (lessor).
In turn, in the operational leasing emit medium (hayring) and short term (rating).
In the conditions of formation of market relations rental is an effective means of economic recovery, acceleration of processes of privatization of property and development of the enterprises of various organizational-legal forms. Rent, as a fundamentally new form of organization of economic relations, creates conditions for the management of rental groups predominantly economic methods.
Rental companies can be established on the basis of leased property of state enterprises, and on the basis of the leased property by the individual who wishes to rent out their property. That is, the subjects of rent relations are the landlords and the tenants.
The objects of lease from the state are:
• integral property complexes of state enterprises, their structural divisions (branches, shops, sections);
• real estate (buildings, constructions, premises);
• other separate individually-specified property of state enterprises.
The list of state enterprises and property complexes which can be objects of the rent determined by the legislation of Ukraine.
Landlords of state property can be:
• the state property Fund of Ukraine, its regional branches and representative offices - with respect to the integral property complexes of enterprises, their structural divisions and immovable property which is state property;
• the bodies authorized by the Verkhovna Rada of the Autonomous Republic of Crimea and local Councils of people's deputies to manage the property, which is located respectively in the ownership of the Autonomous Republic of Crimea or in communal ownership;
• state enterprises - relative to the separate individually defined property.
Tenants of the enterprise can be the economic society created by members of labor collective of a state enterprise, its structural divisions, other legal entities and citizens of Ukraine, individuals and legal entities of foreign States, international organizations and persons without citizenship, an individual wishing to enter into a lease of state property prior to its conclusion shall be obliged to register as a business entity.
For the creation of a lease enterprises on the basis of state property by physical or legal persons direct to the relevant landlord's statement, a draft contract of lease of the property as well as other documents according to the list, which is determined by the state property Fund of Ukraine.
In case of receipt of the application from the tenant about the lease of the integral property complex by the landlord within five days after the date the registration statement is required to forward copies of the draft Treaty body mandated to manage the relevant state property.
This authority shall within fifteen days after receipt to send to the lessor findings about the rent and conditions of the lease.
Under current law the lease should be reflected: 1) the name of the lessor, its legal address; 2) the lease object (composition and value of property subject to indexation); 3) the purpose of the lease; 4) the period for which the contract of lease; 5) the rent is subject to indexation; 6) the procedure for using depreciation charges; 7) restoration of the leased property and conditions for its return; 8) the terms of redemption of the property; 9) the obligations; 10) responsibilities of the parties; 11) insurance the tenant is taken in a rental property.
By agreement of the parties in the lease agreement may stipulate other conditions.
The lease agreement is considered concluded from the moment of reaching agreement on all essential terms and signed text of the Treaty.
It should be borne in mind that under current law the termination of the lease unilaterally it is not allowed.
The lease contract is terminated only in the following cases: 1) expiry of the period for which it was concluded; 2) the privatization of the rental object by the lessee (tenant); 3) bankruptcy of the tenant; 4) the loss of the rental object.
In addition, the contract may be terminated by agreement of the parties.
At the request of one of the parties to the lease may be prematurely terminated by the court, the court of arbitration in case of default by the parties of their obligations.
On the basis of signed by the landlord and tenant of the lease, the lessee develops the project Charter (regulations) of the rental company and submit for the General meeting (conference) of the tenants for discussion and approval.
In the Charter of the lease enterprise must contain the following information: 1) company name and legal address; 2) the name of the lessor and lessee; 3) legal status; 4) the lease object(composition and value of the property); 5) the object and purpose of the activity; 6) the Charter Fund and the procedure for its creation; 7) procedure for distribution of profits and costs (losses); and 8) the management bodies and their main rights, obligations and responsibility; 9) accounting; 10) the procedure for making amendments to the Charter; 11) termination of the activity.
With the Charter, by decision of the management body (General meeting of tenants) may be other issues and their solutions.
The rental company is considered established after approval of the Charter by the General meeting (conference) of tenants and register it in the prescribed manner to the bodies of state and local authorities.