Conditions de la location-gérance

Pour le propriétaire du fonds

 Il doit avoir exploité le fonds pendant 2 ans au moins.
Quelques exceptions à cette obligation sont toutefois prévues par l’article L144-5 du code du commerce. C’est notamment le cas :
– des héritiers ou légataires d’un commerçant ou d’un artisan décédé,
– du conjoint attributaire du fonds de commerce ou artisanal à la suite de la dissolution du régime matrimonial, lorsqu’il a participé à l’exploitation pendant au moins 2 ans.

 Il doit demander l’autorisation expresse du propriétaire des locaux s’il est titulaire d’un bail commercial imposant une exploitation personnelle du fonds dans les locaux loués.

 

Pour le locataire-gérant

 Avoir la capacité d’exercer le commerce.
 S’immatriculer au registre du commerce et des sociétés ou au répertoire des métiers.
 S’engager à exploiter le fonds selon sa destination, c’est-à-dire sans changer l’activité.

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