Charles AMAR has extensive experience in all areas of real estate law, with a particular focus on real estate investment, project development, construction and asset management. It therefore appears that the choice between the above options is a commercial decision, but this choice must be made on the basis of a comprehensive and detailed contractual agreement that grants the parties the exhibit for a healthy and fruitful business commitment throughout the life of the commitment. Residential and commercial rents provide tenants with a number of protections, such as property security and certain compensation rights. Under an administrative agreement, the administrator would not be entitled to these legal rights. Therefore, when choosing between a lease agreement or an HMA, the parties will have to give due consideration to the best solution for their project. This election will have a significant impact on the project and the relationship between the parties. The parties also check the tax impact of each option on them. There are pros and cons for each scenario, and the terms of the lease or administrative agreement can be creatively structured to achieve that subtle balance between control and hands off. Surprisingly, the economy is not playing as much on this subject as one might think.
In general, however, international hotel operators prefer to execute HMAs rather than leases in order to reduce their financial liability for the operation of the hotel. Nor do they need to use their own capital reserves to develop new hotels and expand their brands. 2. For its part, the hotel company bears all profits and losses as well as all legal and commercial responsibilities related to the management of the hotel, the positive and the negative. When they decide to develop and operate a hotel, the parties can enter into a rental agreement or a hotel management contract. Both have advantages and inconveniences. Leasing: A rental agreement offers the tenant an interest in real estate, exclusive use and ownership of the retail establishment and, as a general rule, unless a late payment is of an un cured extent within the current termination and healing period, a tenancy agreement is terminated at the expiry of the term set out in the tenancy agreement. While the hotel owner may, beyond safety and cleanliness, have extensive approval rights with respect to the modification of the premises and the award of the lease agreement, the owner generally has little control over the day-to-day operation of the retail establishment. When the parties opt for a lease, they generally enter into an indeterminate lease in Cambodia for a period of 15 to 50 years.
As a result, the hotel operator is granted significant rights of use and use. She also receives an indeterminate lease certificate from the Landesamt as soon as she is registered in the land registry to obtain the lease for third parties. 4. Management companies generally have a well-known and serious name. An international name of a management company such as “Hilton” will necessarily attract foreign tourism and regular customers of the chain. As a general rule, VAT will not be paid on leases unless the lessor has opted for tax, which is generally unlikely. A normal commercial tenancy agreement would generally impose incriminating compensation obligations on the tenant. On the other hand, lenders tend to hold more obligations under management contracts. However, we can design both management and leases tailored to our clients` needs. So if you prefer a commercial lease, but you have doubts about the incriminating obligations, let us know and we can discuss our custom and tenant-friendly tenancy agreement.