The store transfer contract shall include the following contents:
1. Name, gender and ID card of the transferor (Party A) and name, gender and ID card of the transferor (Party B).
2. Specific details of the contract: specify the details of the store, the construction area and other details, as well as the ownership of the decoration and decoration of the store, the cost of the transfer of the store, all creditor's rights and debts and the ownership of other related stores.
3. signature.
4. Model store transfer agreement
Store transfer agreement
Transferor (Party A): XXX ID card:
Transferor (Party B): XXX ID card:
Landlord (Party C): XXX ID card:
Party A, Party B and Party C have reached the following agreement on the transfer of the store through friendly negotiation:
1. Party C agrees that Party A will transfer its store (formerly: Shuangshuang Stationery Store) opposite to Bayi Road County Junior High School to Party B for use, with a construction area of 50 square meters; And ensure that Party B equally enjoys the rights and obligations enjoyed by Party A in the original house contract.
2. Party C has signed a contract with Party A with the lease term of () years () days, and the annual rent is () yuan (in words), which is paid once a year and paid to Party C one month in advance on the agreed date. After the store is transferred to Party B, Party B agrees to perform the terms stipulated in the original store contract on behalf of Party A, and pay the rent and utilities stipulated in the contract regularly every year.
3. After the transfer, all the existing decoration, decoration and other equipment of the store shall be owned by Party B, and the movable property such as business equipment shall be owned by Party B. ..
4. Party B shall pay a one-time transfer fee of RMB () to Party A before () of (). The above expenses have included the related expenses such as decoration, decoration and equipment mentioned in Article 3, and Party A will not charge Party B any other expenses.
5. Party A shall assist Party B to handle the transfer procedures of the business license, hygiene license and other relevant documents of the store, but the relevant expenses shall be borne by Party B; Party A shall be responsible for all creditor's rights and debts of the store before Party B takes over; Party B shall be responsible for all business operations and creditor's rights and debts after the takeover. 6. If Party B fails to pay the transfer fee in time, except that the delivery date of Party A is postponed accordingly, Party B shall pay one thousandth of the transfer fee to Party A as liquidated damages every day. In case of overdue for 30 days, Party A has the right to terminate the contract, and Party B shall pay 65,438+00% of the transfer fee to Party A as liquidated damages. If the transfer is terminated due to Party A's reasons, Party A shall also be liable for breach of contract and pay 10% of the transfer fee to Party B as liquidated damages.
7. If Party B's business is damaged due to force majeure factors such as natural disasters, Party A has nothing to do with it. However, in case of government planning, state expropriation or demolition of shops, relevant compensation shall be returned to Party B. ..
Eight. This contract is made in triplicate, one for each party, and shall come into effect as of the date of signature by the three parties.
Signature of Party A: XXX Signature of Party B: XXX Signature of Party C: XXX
Date: XXXX, xx, xx, xx, xx.
Is the store transfer agreement valid?
If the store transfer agreement does not include the landlord, it has no legal effect. If you don't want to rent the store, you can sublet it to others with the consent of the landlord or prior agreement. Subletting others needs to sign a sublease agreement. The store transfer agreement must be signed by the landlord to have legal effect and be protected by law.
Legal basis:
According to the relevant provisions of People's Republic of China (PRC) Contract Law:
Article 224 Sublease
The lessee may sublet the house to a third party with the consent of the lessor. If the lessee sublets, the contract between the lessee and the lessor shall remain valid, and if a third party causes property losses, the lessee shall compensate for the losses. If the lessee sublets without the consent of the lessor, the lessor may terminate the contract.
Article 225: Body
If it is acquired by possession or use during the period, it shall be owned by the lessee, unless otherwise agreed by the parties.
Article 229 Effectiveness of Contract after Ownership Change
If the property ownership changes during the period, the validity of the contract will not be affected.
Matters needing attention in store transfer agreement
1. Determine the identity of the transferor and whether the transferor has an agreement with the landlord.
(1) If the store operator is the owner of the house, first check whether the store's property certificate, business license, health permit and other relevant documents are complete, and initially consult the transfer price and rent of the house.
(2) If the store operator is also a lessee, be sure to check the original contract with the property owner to see if there is any right to transfer (sublet); When evaluating the contract, the three parties shall be present and testify at the same time. (i.e. property owner, operator and receiver)
2. Confirm the takeover and pay attention to the deposit.
If an agreement is reached, it is generally necessary to pay a certain deposit in advance to ensure priority in taking 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. Confirm the transfer of the store
The main thing is to ask whether the store is transferred as a whole or empty. If it is a whole transfer, please check the details of equipment and articles to avoid shortage of quantity or quality.
4. Matters needing attention in signing the contract
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. There is also the agreed lease term, and compensation measures for breach of contract, and so on.
The two sides signed the Store Transfer Agreement and the House Contract, thus stipulating the specific rights and obligations of both sides. After the contract is signed, the transfer fee shall be paid according to the contract.
The transferor has the obligation to assist the receiver to handle the transfer and change procedures, so the receiver should go through the name change registration formalities with the industrial and commercial department in time with the signing of the contract and other required documents to determine the legality of the operation.