The enterprise may be exploited directly or under a lease management agreement.
Direct exploitation may be the act of a merchant, even if he is entrepreneur, or a commercial company.
The lease management is an agreement whereby the owner of the enterprise, natural person or legal entity, concedes the lease, in his capacity as a lessor to a natural personor legal entity,a lessee-manager,who operatesfor his own account. The entrepreneurshall not be party to a lease management agreement.
The lessee-manager shall pay the lessorrent corresponding to the fee payable for occupancy of the premises, and rent for the enjoyment of tangible and intangible assets of the enterprise as described in the lease management agreement. These two rent components shall be necessarily determined separately in the lease management agreement, even if they are on the same dates.
In agreement with the lessor of the premises, the lessee-manager may be exempted from paying rent directly at each due dateor the enjoyment of the premises.
Unofficial translation
Transcription: Spot-checked
In force from 16-05-2011
Source page 47
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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Section 138 of the Acte uniforme révisé portant sur le droit commercial général/akn/ohada/act/loi/2010-12-15/audcg-2010
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