Ppa What is it in Real Estate

PPA - what is it? Advantages and disadvantages of the method

The second argument in favor of the method is the acuity of sensations. This argument is made by opponents of condoms, who believe that the use of products reduces sensitivity. However, you should remember that there are other means when you do not need to put latex “covers” on the genitals. For example, hormonal pills or spermicides. By the way, the latter also provide protection against STIs (sexually transmitted infections). However, these funds are not very cheap, which is another argument in favor of the stinginess of PAP defenders.

Still, it is worth remembering that getting pregnant after PPA is quite possible. And this is due to many factors. First of all, a man must have 100% control over the process and have time to remove his penis before ejaculation occurs. The second point, which cannot be influenced, is that some young people, even before the onset of orgasm, secrete a little lubricant, which may contain sperm. In this case, PPA will not help. What does it mean? Pregnancy can occur even if a small number of the man's reproductive cells reach the egg.

The effectiveness of interrupted coitus

Coitus interruptus (COI) is a common method of contraception, the essence of which is to remove the male genital organ from the vagina before ejaculation. Thus, sperm does not enter the woman and conception does not occur.

The technique of unfinished sexual intercourse has been practiced since time immemorial. But if you look at the experience of our ancestors, who had 5-7 children per family, then its effectiveness can be questioned.

According to medical studies, PPA helps prevent sexual intercourse in 37% of cases. In the remaining 73%, even when the penis is removed from the vagina long before ejaculation, pregnancy occurs.

The fact is that pre-seminal fluid (transparent mucus secreted from the urethra during arousal) contains a small proportion of active sperm. The function of this secretion is to moisturize the vaginal walls to facilitate penetration. But due to the fact that it passes through the same channel as sperm, it contains sperm.

Therefore, even though a man removes his penis when he feels an orgasm approaching, a small amount of sperm enters the vagina even at the first stage of intimacy, which is why pregnancy occurs. This is why PPA is not considered a 100% contraceptive.

Tip 1: What is the sale of lease rights (real estate)

It should be borne in mind that the sale of a leasehold right is not at all similar to a sublease. In the first case, all rights and obligations stipulated in the previously concluded lease agreement are transferred to the counterparty and the original tenant is completely excluded from the contractual relationship between the lessor and the counterparty. When subleasing, only the right to use the leased property is transferred to the counterparty, and even then for a finite period.

The sale of the lease right is the only possible solution when assigning this right. The agreement concluded between the first tenant and the counterparty must necessarily be for compensation in order to eliminate the risk of recognizing such an agreement as a gift, since this form of transfer of rights to real estate is prohibited between legal entities. That is why only a lease agreement that specifies the amount and procedure for payment by the new tenant will be difficult to challenge and invalidate. This agreement must stipulate not only the transfer of the lease right, but also the responsibilities that are assigned to the new tenant: the procedure and conditions for the use of the property being leased, its maintenance, as well as issues of payment of rent and repairs.

Selling lease rights: pros and cons

PPA has a number of advantages and disadvantages.

The advantages of PPA are the following (applicable only to the tenant):

The first tenant gets rid of any problems due to cancellation of the lease;
The new tenant receives ownership of the property for a long term, subject to a number of particularly important conditions;
An asset that requires additional expenditure will bring direct material benefit.

As for the disadvantages of PPA, there are more of them:

The assignment of rights turns into a separate business, which stimulates an increase in the value of attractive objects;
Since PPA is transformed into a business, serious competition arises in this area between individuals who want to get the best property;
The owner of the property can give his consent to its sale if the rental price increases;
The risk of falling for an unscrupulous tenant, as a result of which you purchase a property with a lot of hidden problems and subsequently bear responsibility for them to its owner;
The assignment can only be made with the permission of the owner;
You need to spend a certain amount of money on notary services and/or re-registration, but only on the condition that the agreement was concluded with a notary and/or was subject to registration;
If the lease agreement is found to be invalid, the PPA will be invalidated automatically;
There are many difficulties in calculating the tax required to be paid in the future.

PPA, what is it - and how does the assignment of lease rights take place?

The assignment of lease rights for offices, trade pavilions, warehouses/production workshops is a common practice used by the modern business community of Moscow. Moreover, if the previous tenant rented the space on preferential terms, the current one can also take advantage of them. This is beneficial for developing enterprise organizations, as well as beginning entrepreneurs who want to open a retail outlet, office, or their own production in a prestigious location, but are still limited by a small budget.

A tenant who no longer wishes to pay rent for the premises can obtain a written agreement from its owner and assign such rights to another individual (legal entity). If the possibility of rehiring was indicated in the documents initially, the owner’s permission is not required.

Assignment of lease rights for commercial spaces

This is a common practice used by modern business communities . If the previous tenant rented the site on preferential terms, the new tenant can also take advantage of them.

This is especially beneficial for beginning entrepreneurs, developing organizations limited by a small budget.

Of particular interest is the PPA of municipal real estate . Rates here are usually lower than in the case of properties rented out by private owners.

Main features

When choosing affordable non-residential real estate, you should know the nuances of the PPA procedure:

assignment of lease rights to a commercial enterprise is possible only on paid contractual terms; donation is prohibited by law;
The rental period can be either short or long. If the premises are rented for more than 12 months, according to the law, information about this must be entered into Rosreestr;
state property can be transferred only after an auction;
Rental income received is taxable.

Ppa What is it in Real Estate

Direct sale – sale of housing (commercial real estate) in a short time without additional conditions and delays due to incomplete preparation of the package of documents. This option for purchasing housing is ideal for the buyer, who can move into the apartment immediately after the transaction is concluded.

A preliminary lease agreement is a lease agreement of a temporary nature, concluded for a short period due to the lack of a complete package of documents for the property (apartment, house, office, warehouse).

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Ppa what is it

Then be sure to share your impressions, although I will take the test with him next year. But I think that nothing will change, although he was sick the entire first semester this year and I know HAPPY groups. But someone got caught during Semenov’s absence. And this is a completely different topic

In recent years, renting space for an already operating business has become very popular and is in demand. Lease agreements in very profitable places are concluded for 5-10 years, and then, if necessary, the lease rights are assigned to another tenant for a certain fee. At the same time, it is beneficial for both parties: the first tenant receives income for the assignment when he leaves the area, and the next tenant receives a profitable place to run his business.

What is assignment of lease rights?

tenants, both subsequent and previous, are obliged to notify the direct owner of the land about the transaction, however, his consent, both in writing and orally, is not required for the transaction;
as Article 606 of the Civil Code of the Russian Federation states, the owner, that is, the lessor directly, subject to the existence of an appropriate agreement signed by the parties, is obliged to provide the tenant with both the right to lease and the right to use the land;
Also, Article 607 of the Civil Code of the Russian Federation states that an agreement of this kind must contain additional clauses, such as, for example, mandatory specification of land boundaries, as well as their location.

Why is assignment of lease rights necessary? A transaction of this kind is necessary in cases where the original tenant expresses a desire to transfer the rights to the land or to any premises to a third party, while avoiding unnecessary delays.

Assignment of lease rights (RLA) of non-residential premises under an agreement: what is it, sample, registration

Assignment of lease rights is a common method of agreement in the Russian real estate market. The main owner of production and retail space is the state, while private organizations transfer these areas to each other. This action is regulated by the Civil Code of the Russian Federation.

What it is

The real estate market has undergone great changes in recent years. The rapid pace of construction development has led to the fact that the primary real estate market has become the most in demand.

But the economic situation in the country provoked a fall in real estate prices, which is undoubtedly due to the insolvency of citizens. This contributed to the development of assignment transactions in both the purchase and sale and rental of real estate.

The concept of “assignment” means a type of transaction related directly to the use of real estate. During the transaction, its recipient transfers the acquired rights to it, along with obligations, to a third party.

They are transferred with the consent of the property owner, which is expressed in writing. The right to lease will be the subject of the agreement.

ATTENTION! A necessary condition for the tenant to complete a transaction is the consent of the owner.

Possible difficulties

Issues related to the assignment of leases are guaranteed by Art. 615 of the Civil Code of the Russian Federation. It spells out all the nuances of its implementation, defines the rights of the parties and their obligations, and establishes a regulatory procedure.

The tenant is obliged to comply with the standards of legislative acts that determine the procedure for using someone else's real estate. Lease assignment has several features that make it a popular transaction in the real estate market. These include:

when assigning contracts concluded some period of time ago, the new owner acquires the object at the old price (which is quite profitable),
Most of these agreements are found in city centers, where there are objects that bring the greatest profit to the entrepreneur,
the tenant can see the property “in business”, how much it is in demand among buyers, how much profit the business located there brings,
the previous tenant receives monetary compensation according to the agreement, transferring the rights to the object without holding a competition.

When transferring lease rights to an object belonging to the municipality, participation in a competition is required, or the procedure can be carried out without it, having agreed on the amount of the commission.

Preparation of contract

A transaction to conclude an agreement of this kind can be carried out in relation to:

land plot,
non-residential premises,
other objects related to real estate.

Land plot

The agreement for the assignment of lease rights to a land plot implies some features. These are:

the previous tenant, as well as the subsequent one, are obliged to inform the owner of the land about the transaction, but his consent is not required,
according to Art. 606 of the Civil Code of the Russian Federation, the owner, if there is an appropriate document signed by the parties, must provide the tenant, in addition to the right to lease, the right to use the object,
according to Art. 607 of the Civil Code of the Russian Federation, an agreement of this kind must contain additional clauses, for example, regarding the boundaries of the land and their location.

Non-residential premises

As with a plot of land, such an agreement regarding real estate also has its own characteristics, including:

when drawing up a lease agreement between the owner and the tenant, the former may include such a clause as the impossibility of assigning rights, while the tenant’s consent is not necessary,
By accepting a property, a third party in this system accepts all its terms and conditions under the previous agreement, as well as tax debts, if any. Debts of this kind can be included in the total cost of the transaction,
drawing up an agreement is beneficial for the first tenant, since at the end of the procedure he receives a sum of money.

To a third party

The peculiarity of such transactions is that the agreement is concluded only between the third and second link in the chain of renting a plot or premises. Thus, the presence of the owner of the object is not necessary.

When completing a transaction, the parties can add certain clauses to the agreement that were previously agreed upon, but such changes should not adjust the original lease agreement concluded with the owner.

Registration process

The procedure for completing a transaction includes several stages:

collecting documents, preparing a contract form, the parties must agree in advance on the items that will be included in the document,
contacting the authority for registration,
obtaining documents that have legal force, according to which the rights to an object are transferred from one person to another.

Documentation

The required documents are:

sample application,
identity documents (for individuals),
tax service certificate,
the first lease agreement drawn up with the owner of the property,
three copies of the agreement.

Sample

The document includes the following information:

name of the document (full legal), place of its preparation, date,
complete information about the parties to the agreement,
subject of the transaction,
additional clauses that both parties wish to include in the contract,
signature and date of the participants.

If you have doubts when concluding a transaction, it is better to contact experienced lawyers.

Consequences and Responsibilities

After signing the document, in accordance with the instructions of Article 422 of the Civil Code of the Russian Federation, its participants are obliged to comply with the rules provided for by law.

The conditions remain valid for the entire validity period of the document. It is important to take into account that the subsequent tenant receives obligations that will have to be observed. These include:

transfer of taxes and fees (in accordance with the instructions of the Tax Code of the Russian Federation),
payment of rent (according to the original agreement),
repayment of debt (this must be mentioned in the new contract, otherwise the previous tenant will pay the debts).

There are often cases when the tenant pays off his debts before drawing up the contract. The third party receiving the lease may require the previous tenant to repay the debt before signing the document. This deal is beneficial for:

the previous tenant who transfers the unwanted property,
a subsequent tenant purchasing the property at a reasonable price,
the lessor, who does not lose profit from providing the property for rent in accordance with the rent agreed in the contract.

Comes into force after registration, which is carried out by Rosreestr.

ATTENTION! It is not mandatory if the period of conclusion of the document between individuals is less than 1 year.

Registration takes place in application form, which involves submitting an application to the relevant authority. Attached are the following documents:

passport for identification,
an official document of agreement with the owner of the object on the transfer of the lease right or another document that confirms that he has been notified, as well as two copies of the assignment agreement,
consent of the second spouse to carry out the transaction, certified by a notary. If the property is pledged, the consent of the pledgee will be required,
power of attorney (if an application is submitted by another person).

Legal entities, in addition to the listed documents, must attach business documents confirming the rights of their representatives, as well as constituent documents. Registration of this service requires payment of a state fee, the amount is established by the legislator. For individuals the amount will be 2,000 rubles, for legal entities – 22,000 rubles.

Often citizens who are far from jurisprudence believe that the concepts of sublease and assignment are equivalent. This is not true at all. What does sublease mean? The owner or tenant transfers the property or part of it to a third party for a period of time . The rights to own and use it remain partially or completely with him.

Regarding the assignment, the first tenant, along with the rights to own the property, transfers the responsibilities in full, without return. At the same time, the last paragraph may be one of the terms of the contract at the personal discretion of the parties.

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Source: https://domosite.ru/zemlya/chto-takoe-pereustupka-prav-arendyi-v-nedvizhimosti

What is the assignment of lease rights for non-residential premises: briefly about the main thing

Naturally, the second option will be preferable. However, some difficulties may also arise here. So, for example, if a new tenant needs to reconstruct the property for himself, then this will not be easy to do, and sometimes impossible, if you do not agree with the landlord.

If there is a change of persons in the lease agreement and another person takes the place of the tenant, then it is necessary to obtain the prior consent of the landlord. This consent must be provided in writing, for example, in a response to a corresponding letter.

PPA what is it

2.3. The Lessor undertakes, within __ _____ _______ days after receiving written confirmation from the Tenant of receipt of the amount specified in clause 1.1 of this agreement, to sign an additional agreement with the Company to the Lease Agreement, preserving all the previous terms of the lease agreement, except for the names and details of the parties to the Agreement. The terms of the lease agreement can be changed only by agreement between the Company and the Lessor.

Lessor: ________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________

What is PPA in real estate?

In advertisements you can often find the abbreviation PPA; this could be the sale of a pre-emptive lease right or the assignment of a lease right.

Assignment of lease rights

Renting real estate under the lease assignment scheme is the transfer of lease rights by an existing tenant to a new tenant. Most of all, such a scheme is found among retail real estate or ready-made businesses. For example, in successfully operating shopping centers, tenants planning to move out often look for replacements precisely by assigning their lease rights.

The difference between the assignment of lease rights and sublease

Very often, the assignment of lease rights is confused with the term sublease. The main difference between these concepts is that with sublease, the tenant, with the consent of the lessor, has the opportunity to hand over the leased property, and with the assignment of lease rights, the rights and obligations of the tenant under the lease agreement are transferred to another person, i.e. changes are made to the lease agreement in favor of the new tenant. It is better to carry out the transaction of assignment of lease rights in a tripartite manner.

PSA Agreement

It is important to understand that by paying for a PSA agreement, you are buying yourself the opportunity to rent this particular premises under certain conditions that have already been agreed upon with the previous tenant. It turns out that the cost of assigning the lease right is the price that must be paid for the right to work in a given premises or shopping center. In essence, you are entering into a sublease agreement, so it is very important to study the rental agreement for the premises in advance to see if it stipulates the conditions for the possibility of subletting. If the landlord is not against the new tenant and this is confirmed by the agreement, then the next step is to carefully study all the provisions of the lease agreement, since it may contain various restrictions: redevelopment, repurposing, repair restrictions, etc. are prohibited. The terms of the lease agreement can be changed, but in the case of sublease, the owner of the premises has the right to refuse to make any changes to the agreement. Most often, subletting is possible only with the consent of the owner of the property, so it is necessary to meet and discuss everything with the owner before concluding contracts. It is also worth noting that a sublease agreement cannot be concluded for a period exceeding the lease agreement.

In what cases is assignment of lease rights beneficial?

The assignment of rental rights is beneficial if the proposed built-in premises are located in a prestigious location, are already equipped for your field of activity, and the rental rate is not inflated. In such cases, it makes sense to conclude a sublease agreement and a PSA, and make changes to the existing lease agreement in favor of the new tenant.

Assignment of lease rights without a lessor

In theory, the assignment of lease rights can occur without the lessor if the activity profile and quality level of the old and new tenants are identical. In this situation, the outgoing tenant, who has a long-term lease agreement in hand, looks for a replacement, assigning the right to lease for a certain amount. However, in practice such situations are extremely rare, and the owner still prefers to participate in the selection of a new tenant. This scheme of work is conditionally beneficial for all parties. The leaving tenant receives a certain amount for the assignment, and the new one receives the object he needs.

Pre-emptive right of lease

This right arises when the tenant enters into a lease agreement for a new term; it is regulated by Art.
621 Civil Code of the Russian Federation. 1. Unless otherwise provided by law or the lease agreement, a tenant who has properly fulfilled his duties, upon expiration of the agreement, has, other things being equal, a preferential right over other persons to conclude a lease agreement for a new term. The tenant is obliged to notify the lessor in writing of his desire to conclude such an agreement within the period specified in the lease agreement, and if such a period is not specified in the agreement, within a reasonable time before the end of the agreement. When concluding a lease agreement for a new term, the terms of the agreement may be changed by agreement of the parties. If the lessor refuses to enter into an agreement with the lessee for a new term, but within a year from the date of expiration of the agreement with him has concluded a lease agreement with another person, the lessee has the right, at his own discretion, to demand in court the transfer of rights and obligations under the concluded agreement and compensation for losses, caused by the refusal to renew the lease agreement with him, or only compensation for such losses. 2. If the tenant continues to use the property after the expiration of the contract in the absence of objections from the lessor, the contract is considered renewed on the same terms for an indefinite period (Article 610). piaspb.ru

What is a lease with option to buy: rules for registration

When the price of an object is transferred under a contract during its validity period, such amounts are not included in the company’s costs. They are considered an advance and constitute a debit debt accounted for on account 60 or 76 in correspondence on account 51.

At this point, the lease relationship becomes an obligation between the seller and the buyer. One of them is the transfer of the sales agreement for registration with Rosreestr. Upon completion, information about the transfer of rights is entered into the federal register and an extract about the completed procedure is issued.

Why does pregnancy occur?

Among representatives of a strong part of humanity, orgasm occurs along with the period of ejaculation. Before ejaculation, the muscles of the groin area begin to contract, helping the sperm to leave the ducts. If at this moment the man managed to leave the female vagina, then this act is considered interrupted. But this is still just the tip of the iceberg.

Few people know that during sex, men's ducts contain some amount of seminal fluid. If it mixes with sperm, it turns into semen. Seminal fluid cannot fertilize and is secreted by the prostate gland rather to lubricate and maintain the vital activity of sperm inside a woman. It also creates favorable conditions for long-term survival of sperm.

At the very beginning of sexual intercourse, with a rapid increase in arousal, a man secretes pre-seminal fluid. It may contain viable sperm that remain from a previous ejaculation. Together with seminal fluid, sperm can enter the female genital organs. This subsequently leads to conception.

It is also important that a man at the peak of emotions cannot always stop in time. If even a drop of sperm gets into a woman, the chances of pregnancy increase several times.

There is a statement that conception is impossible during menstruation and you can do it even without PPA. Is it so? The chance of getting pregnant during your period is very low. In addition, during this phase of the cycle there is no favorable microflora for the preservation of sperm; increased acidity in the vagina is detrimental to them. However, even during this period, interrupted sexual intercourse does not provide 100% protection against pregnancy. Some sperm are highly resistant and can remain active in a woman’s genital tract for up to 7 days. Thus, they can wait for ovulation and successfully fertilize the egg.

Lease right

In order to protect themselves from eviction by an unscrupulous landlord and not to overpay for renting premises from an individual, many companies and private entrepreneurs want to buy a ready-made business with rent of premises from the Moscow State Property Inspectorate, or rent real estate by purchasing a PSA, collecting and completing all the necessary documents on their own. However, the main difficulty when searching for premises on your own is the legal formalization of the transaction. Buying and selling the right to lease premises requires competent documentation, so many tenants turn to lawyers for help, whose services are known to be expensive.

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Let's say you want to rent premises from the Moscow City Property Department in order to pay low rent. You have two options. You can participate in an open auction, where you will inevitably compete with a lot of other bidders. Or you can buy an existing company that already has a lease agreement with the city. Of course, the owner of such a company understands perfectly well how profitable this acquisition will be for you, therefore, in addition to the direct cost of the business, he will ask for additional compensation precisely for the opportunity to take advantage of preferential rental conditions. This transaction will be called the assignment (or sale) of lease rights. Thus, there is no difference between the assignment and sale of lease rights, because you always have to pay for the assignment. Of course, the Moscow Property Department is not notified of such transactions.

Doctors' opinion

Doctors often have a negative attitude towards this method of preventing fertilization. Considering the low efficiency, PPA is at least somewhat justified and is appropriate only in one of the following cases:

if we are talking about a married couple (without fear of getting pregnant);
with low sensitivity of the head of the penis;
when it is possible to have sex for a long time within one act, which allows the girl to orgasm earlier.

PPA is the transfer of the right to use a leased commercial property to a third party, and this can be an extremely reasonable option for dealing with real estate. We put it on the shelves.

The procedure is similar to a purchase and sale transaction, but the subject of the agreement here is not the real estate itself, but the rights of ownership and use. The latter become an independent object with which legal transactions can be made.

Of particular interest is the rehire of state (municipal) real estate. The rate here is usually much lower than in the case of premises rented by private owners.

Main features

PPA: what is it? This question is often asked by businessmen who choose affordable non-residential real estate, considering different options. Let us briefly list the nuances of the procedure.

Assignment of PA to a commercial organization - exclusively on paid contractual terms (donation is prohibited by law).
Long-term and short-term rental of non-residential premises.
State property is transferred only after an auction (competition).
If the contract is concluded for a period of more than 12 months, the law requires that the relevant information be entered into Rosreestr.
Receipt of rental payments by the owner is subject to tax.

Differences between rehire and sublease

PPA:

A – Full gear

B – All obligations (including debts) pass to the assignee

C – Payment to the direct owner

Sublease:

A – Partial transfer

B – The rent debt remains with the tenant (unless the parties agree otherwise)

C – Payment to the tenant, who then transfers the agreed amount to the owner of the premises

What are DU and PPA

DU - smoke removal system. Often a fire leads to a large number of victims not because of the fire, but because of suffocation from toxic gas and combustion products. This is why smoke extraction systems are installed in attics. It should be immediately noted that their use is not always useful. Only a qualified specialist can decide on their installation. The reason for this is the combustion process itself. The smoke removal system changes the air flow inside the building and, as a result, adjusts the combustion process for better or worse.

detectors. There are various models that differ in sensitivity, response method (temperature or smoke) and other indicators. Detectors help notify a large number of people about a fire and automatically call the fire department. They are often confused with sensors, but in fact the latter are only part of the notification system;
reception and control devices. They receive signals from detectors, transmit information to surveillance panels, create a sound signal to notify those in the building, etc. Modern models are also capable of transmitting information about the state of the fire (temperature, amount of smoke, etc.).

Advantages and disadvantages

Since this method is not a reliable method of contraception, the following disadvantages are quite expected:

Many will be disappointed that coitus interruptus is an unreliable and quite dangerous method.
Men must constantly control themselves before orgasm, which is why some fail to achieve full release.
A woman is bothered by the fact that her partner may stop sex at the wrong time or not stop at all.
There is a high probability of contracting sexually transmitted diseases through casual sexual contact.
If several sexual acts occur in a row, a man is likely to have live sperm in the penis.
Long-term practice of PPA can negatively affect men's health due to constant stress, control and interruption of the process. Over time, this will lead to psychological dysfunction.

Given the many disadvantages, couples still use this method. Why is this happening:

Interrupted intercourse is the most common and cheapest way to avoid conception.
This method is always “at hand” in any situation.
Condoms reduce sensitivity and do not bring proper pleasure.
There are no completely safe contraceptives with 100% reliability.
Couples are planning a child in the foreseeable future and are not against an “accidental” pregnancy.

Consequently, coitus interruptus is not a reliable method of contraception and can even lead to some health problems.

Ppa What is it in Real Estate

statement;
a copy of the power of attorney certified by a notary;
payment;
protocol for the appointment of the manager who signed the agreement and issued the power of attorney (a copy and the original must be submitted, certified by the signature and seal of the manager);
copy and original of the tenant's constituent documents;
OGRN certificate;
TIN certificate;
charter;
if the constituent documents have changes - a certificate of these changes;
the constituent agreement, if concluded;
BTI originals (less than a year old);
plan of each floor;
explication;
extract in form 1-a from the technical passport;
decisions taken by authorized bodies to initiate the assignment process;
minutes of the meeting of the board of directors and shareholders;
copy and original of the registered lease agreement;
original protocol of assignment agreement.

Very often, the assignment of lease rights is confused with the term sublease. The main difference between these concepts is that with sublease, the tenant, with the consent of the lessor, has the opportunity to hand over the leased property, and with the assignment of lease rights, the rights and obligations of the tenant under the lease agreement are transferred to another person. Let's try to imagine this schematically. entered into an agreement according to which it assigns lease rights. As a result, “A” occupies a place in the lease agreement, all obligations and rights that belonged to “A” automatically transfer to “B”.

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To register the assignment of lease rights, the following documents are required:

minutes of the meeting of the board of directors, shareholders
OGRN certificate
TIN certificate
charter
protocol for the appointment of the manager who signed the agreement and issued the power of attorney (a copy and the original must be submitted, certified by the signature and seal of the manager)
memorandum of association, if concluded
handwritten statement
a copy of the power of attorney certified by a notary
copy and original of the tenant's constituent documents
if the constituent documents have changes - a certificate of these changes
BTI originals (less than a year old)
plan of each floor
explication
extract according to form 1-a from the technical passport
decisions taken by authorized bodies to initiate the assignment process
copy and original of the registered lease agreement
original protocol of assignment agreement
payment of receipt

Having completed the assignment of lease rights, the new tenant becomes legally responsible for all transactions with this property, and bears all the risks of its damage and loss.

Selling lease rights - what is it?

It is advisable to carefully rewrite the subject of the agreement or it should contain a link to carefully developed annexes with a description;
Who is responsible in case of rent debt;
Issues of liability for violations of the contract discovered after the sale of lease rights;
Does the contract provide for the possibility of its continuation after the expiration of its validity period?

In business practice in the modern world, we encounter such a concept as the sale of rights. The rights to rent and use property are no exception. A transaction is the sale of a leasehold right to another person for a fee. It is often confused with sublease, when the tenant transfers the lease rights to someone else.

Encumbrance of a property: how to check and find out the restrictions

the right of use (including lease, gratuitous use, lifelong maintenance and easement) can be established for at least a year;
trust management (in case of bankruptcy, inheritance relations, guardianship, trusteeship);
pledge;
arrest;
restrictions imposed by authorities regarding the disposal and use of real estate, as well as on the performance of a number of works;
other transactions provided for by law that encumber the property.

All actions for the sale of objects that have been seized or prohibited from any registration actions are completely excluded. Such serious encumbrances make the transaction invalid. It becomes possible to sell property only after restrictions and seizure are lifted.

Housing cooperative as a scheme for purchasing an apartment

What is meant here is that if the developer who created the housing cooperative goes bankrupt, its participants can complete the construction of the facility with the help of a new contractor. When purchasing an apartment under a DDU, if the construction company goes bankrupt, the buyers will have to claim their apartments as part of the developer’s insolvency process.

By joining a housing cooperative, its member receives from the common fund of shareholders the amount necessary to purchase an apartment, while the cost of the loan will be significantly lower than a mortgage.
To become a full member of the housing cooperative, you will need to pay an entrance fee, the amount of which can reach 5% of the price of the apartment. The contribution is not taken into account in the cost of the purchased property.
Then everything depends on the charter of the particular housing cooperative. In most cases, you need to put down about 10% as a down payment. Then the shareholder regularly makes certain payments to the cooperative account in accordance with the schedule. When the amount reaches 50% of the price of the proposed housing, the housing cooperative purchases an apartment for it, registering it as its property.
A lease agreement is concluded between the parties, he lives in the apartment, gradually paying off the debt. The repayment period can last up to 10 years.
As soon as the amount is paid in full, the apartment will become his property.
Instead of interest on the loan, the housing cooperative participant annually pays administrative fees in the amount of approximately 6% of the loan amount. Moreover, if a member of the cooperative made share contributions gradually, then he is given a lower rate than someone who immediately paid 50% of the cost of the apartment.

What is meant by encumbrance on an apartment and how does it threaten the owner?

Seizure of an apartment , imposed by a court or bailiff on the basis of a judicial act, is a restriction imposed to secure a claim for repayment of the debt of the apartment owner. An encumbrance can be removed from an apartment only by the body that imposed it, after the reasons for the imposition have been eliminated.

With the transfer of the right to an apartment encumbered with rent, the new owner takes the place of the rent payer. The owner - the rent payer is burdened with the right of the rentee to control the fate and condition of the apartment.

30 Jun 2020 hiurist 158

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