What Is a Ground Lease?
Land lease. Land lease is the separation of the ownership of a land owner from the right to use the land user within a certain period of time. The land user pays the rent to the land owner during the use of the land. An economic activity.
Land lease
- Land lease, land lease is the owner of a certain land
- With the deepening of land use system reform, there are two different ways of land lease in China.
- How is the cost incurred after leasing the land booked?
For example: an enterprise rents a piece of land with a lease term of 30 years, and builds a house on the leased land. At the same time, it also lays the foundation and the fence, so a lot of costs are incurred. So how to account for these costs, the house Can it be used as fixed assets? The lease cost of the land is 120,000 yuan. Which accounting subject can be recorded? In the past, the house on this land was used as a storage room. So, can it be transferred to production costs?
For this specific requirement, the first is that the costs and expenses incurred for building a house on leased land can be construction in progress. After the house is completed, the cost of the house after construction can be transferred to fixed assets, especially here. When the expenses such as foundation, ring fence, material cost, labor cost, etc. occur on the house, then the accounting records must be recorded, which can be included in the debit of the construction account of the construction in progress, and also included in the bank deposit account, materials. Expense account, payable employee payroll account and other related accounting subjects. Second, after the project is completed, the related costs of the construction in progress can be transferred to the fixed assets account, which can be included in the debit of the account of the house in the fixed assets, and can also be transferred to the lender of the account of the project under construction. If the land is in the lease period, the land lease expenses incurred can be included in the account of long-term deferred expenses and lease fees, etc. At the same time, the amortization can be transferred to the related costs and expenses for financial calculation based on the contract term.
- Notice of the State Council on Stopping the Purchase, Sale and Lease of Land
- In recent years, some rural communities, state-owned enterprises, and institutions have violated national laws and regulations in buying, selling, and leasing collectively-owned and state-owned land.
- The situation keeps happening. This problem is particularly acute in some urban suburbs. Some rural communities use land as a commodity to buy, sell, and lease, and earn a lot of money
- Money and supplies. Some land rents are hundreds of yuan, thousands of yuan, and tens of thousands of yuan per mu per year, and some land sales can earn thousands of yuan or even tens of thousands of yuan per mu.
- There are also privately negotiated conditions for renting and buying houses, leasing, buying and selling Liangtian vegetable plots, or adopting "joint house building" and "joint factory building"
- "," Jointly build a warehouse "and other methods to achieve the purpose of occupying land. This is a serious violation of the Constitution. The Constitution of the People's Republic of China stipulates
- "No organization or individual may occupy, buy, sell, lease, or otherwise illegally transfer land." Our country has a large population and small arable land.
- Cherish every inch of land and protect the existing cultivated land. The acts of buying, selling and leasing land must be resolutely stopped. To this end, the following notifications are made:
- I. Earnestly publicize and implement the provisions on land management in the Constitution and other laws and regulations, publicize the significance of protecting land, and mobilize the majority
- Ministry and the masses are fighting against illegal acts of buying, selling, and leasing land.
- 2. All localities should conduct a serious inspection and clearance of illegal activities such as buying, selling, and leasing land. Take the lead in violating cadres, especially leading cadres
- Law and typical cases of violations of laws must be dealt with seriously and must not be accommodated. Corruption, bribery,
- Criminals who illegally make huge profits should be investigated for criminal responsibility according to law.
- 3. The financial and financial departments shall exercise their functions of supervision and management, and have the right to refuse to collect and pay for the sale, purchase and lease of land and report to the relevant departments.
- 4. Managing land according to law is an important responsibility of governments at all levels. Governments at all levels should strengthen leadership, establish and improve land management institutions and systems, and effectively
- Comprehensive management of land.
- Land lease contract
- Lessor (Party A):
- Lessee (Party B):
- In accordance with the relevant laws and regulations of the People's Republic of China Contract Law and the voluntary principles of both parties, the following agreements have been negotiated on land lease matters:
- Article 1: Scope and purpose of leased land Party B leases square meters of land area of Party A for the purpose .
- Article 2: Duration of leased land The lease begins on the date and ends on the date. If the lease term of the land has expired, in order to guarantee Party B's use of the land, Party B requests an extension of the lease term. Party A unconditionally extends the lease term.
- Article 3: The total rent of the leased land (upper case) The method of payment of rent is (cash).
- Article 4: Party A's rights and obligations 1. Party A has the right to collect relevant rents from Party B according to this agreement. 2. Provide the venue within one day after the agreement is signed. 3. Unless there is a clear agreement, it must not interfere with Party B's normal production and operation activities. 4. When Party B finishes exiting, Party A shall not increase the fees for any reason and interfere with Party B exiting. 5. Party A shall be responsible for coordinating the relationship between the owners of adjacent land and the use of surrounding roads. The owner of adjacent land shall not obstruct Party B's construction and production for any reason. 6. Party A shall provide valid proof of rental right, ID card, hukou booklet and other valid certificates, and make copies of the documents for verification after Party B has verified. All copies are for this lease only.
- Article 5: Party B's rights and obligations 1. Party B has the right to build, expand, or rebuild permanent or temporary buildings and structures on the leased land as needed to ensure production. 2. Party B has the obligation to pay rent to Party A in the time, manner and quantity agreed in this agreement. 3. If Party B needs to change the land use, it shall obtain Party A's consent in advance and Party A shall report for approval in accordance with relevant regulations before renegotiating.
- Article 6: Termination of the Agreement 1. After the term of this agreement expires. 2. The two parties reached a termination agreement within the validity period of this agreement. 3. Any party to this agreement has lost the ability to continue to perform this agreement due to force majeure such as earthquake, storm, flood, war, etc.
- Article 7: Exemption Clause When the land is unsuitable for use or lease due to force majeure or other reasons not attributable to both parties, Party A shall coordinate the settlement to meet Party B's normal use. If it cannot be resolved through coordination, the losses caused by it shall be borne by Party A.
- Article 8: Return of leased site If the lease term expires or the agreement is terminated early due to reasons such as termination, Party B shall return the leased site to Party A within 5 days after the lease term expires or the agreement is terminated. If Party B fails to return it in accordance with the agreement, Party A has the right to take necessary measures to recover it, and the resulting losses shall be borne by Party B.
- Article 9: Dispute Settlement Mode Disputes in the implementation of the agreement shall be settled through consultation between the two parties or coordination by the relevant government departments of the town.
- Article 10: Supplementary provisions This agreement is in duplicate, one for Party A and one for Party B. Effective from the date of signature and seal.
- Party A (signature and seal): Date
- Party B (signature and seal): date
State-owned land lease
- Article 1 In order to revitalize state-owned land assets and regulate state-owned land leasing behavior, in accordance with the "Land Administration Law of the People's Republic of China", "Implementation Regulations of the People's Republic of China Land Management Law" and "Implementation Measures of Sichuan Province <Land Administration Law of the People's Republic of China" In accordance with the actual situation in Sichuan, this measure is formulated.
- Article 2 The lease of state-owned land mentioned in these measures refers to the behavior of the people's government at or above the county level to lease state-owned land to land users within a certain period of time, and the land users pay the lease payments.
- Article 3 The State-owned land leasing activities in the administrative region of this province must abide by these measures.
- Article 4 The people's government at or above the county level authorizes the competent land and resources administrative department to be responsible for the lease of state-owned land in accordance with the land registration jurisdiction level.
- The people's government at a higher level and its administrative department of land and resources shall take measures to strengthen the guidance and supervision of the lease of state-owned land by the people's government at a lower level and its administrative department of land and resources.
- Article 5 Leasing of state-owned land must conform to urban planning and overall land use planning.
- Article 6 Citizens, legal persons and other organizations may obtain the right to use state-owned land through leases, except those engaged in real estate development and management.
- The right to use state-owned land acquired through lease does not include underground resources, buried objects and municipal utilities.
- Article 7 The lease of state-owned land may take the form of agreement. However, leasing of commercial land such as business, tourism, and entertainment must be conducted through bidding, auction or listing.
- Where state-owned land is leased by means of bidding, auction or listing, it shall be conducted with reference to the relevant regulations on bidding, auction and listing of state-owned land use rights.
- Article 8 The administrative department of land and resources at or above the county level shall, in conjunction with the planning and finance departments, propose an implementation plan for the lease of state-owned land and submit it to the people's government at the corresponding level for approval.
- Leasing of state-owned land shall sign state-owned land lease contracts in accordance with the principle of voluntariness and compensation. The state-owned land lease contract is signed by the land and resources administrative department at the county level or above (hereinafter referred to as the lessor) and the land user (hereinafter referred to as the lessee) in accordance with the state-owned land lease implementation plan approved by the people's government at the corresponding level.
- After the state-owned land lease contract is formally signed, it shall be reported to the provincial land and resources administrative department for record every quarter according to the regulations.
- Article 9 The lease contract of state-owned land shall include the main contents such as the location, area, use, lease duration, lease standard, payment time, payment method, and liability for breach of contract of the leased parcel. The specific format is prescribed by the provincial land and resources administrative department.
- Article 10 The lease term of state-owned land shall not exceed the maximum period for transferring the right to use state-owned land of the same type as stipulated by laws and regulations, and the lease term of commercial, tourism, entertainment and other operating land shall be in line with the scale of construction investment.
- Article 11 In the case of leasing state-owned land by bidding, auction or listing, the lease payment shall be determined based on the actual transaction results. For the lease of state-owned land by agreement, the lease payment shall be determined by the land and resources administrative department at or above the county level in conjunction with the financial and price administrative departments according to the local benchmark land price, combined with the nature of the land, lease term, and location of the land, and reported to the people's government at the same level. Executed after approval.
- Article 12 The lessor shall deliver the land within the time limit and conditions agreed in the state-owned land lease contract.
- The lessee shall pay the lease payment in accordance with the amount, term and method stipulated in the state-owned land lease contract, and abide by other obligations stipulated in the state-owned land lease contract.
- Article 13 If the lessee needs to change the land use stipulated in the state-owned land lease contract, it must meet the requirements of urban planning and overall land use planning, and with the consent of the lessor, re-sign the state-owned land lease contract according to the changed land use.
- Article 14 Without changing the rights and obligations stipulated in the state-owned land lease contract, after the lessee's investment in development and construction reaches 25% of the total investment in the project, the lessee may transfer the leased state-owned land with the consent of the lessor Right of use. After the transfer of state-owned land use rights, the rights and obligations of the original lessee are transferred to the new lessee and re-registered with the lessor.
- The lessee may sublet the leased state-owned land and the above-ground buildings, structures, and attachments in accordance with relevant state regulations.
- The lessee may mortgage the leased state-owned land together with the above-ground buildings, structures, and attachments according to law.
- Article 15 Prior to the expiration of the lease term of state-owned land, the lessor shall not recover the leased state-owned land without authorization. If it is necessary to withdraw in advance due to the needs of social public interests or adjustments and changes in accordance with urban planning, it must be approved by the people's government at the level of the lessor and announced to the public.
- Where the leased state-owned land is recovered in advance, the people's government that implements social public interest or adjusts the urban planning shall make appropriate compensations according to the period of use of the state-owned land by the lessee and the actual situation of the development and utilization of state-owned land.
- Article 16 Prior to the expiration of the lease term of state-owned land, the lessee and the lessor can agree to terminate the lease of state-owned land and terminate the state-owned land lease contract.
- Article 17 If the lessee needs to renew the lease of state-owned land, it shall apply to the lessor 6 months before the lease of the state-owned land expires. The lessor shall agree to renew the lease except for the need to recover it due to the public interest. Where the lessor agrees and reports to the people's government at the same level to approve the lease renewal, the lease payment shall be re-determined and a state-owned land lease contract shall be signed. Among them, commercial, tourism, entertainment and other operating land should be re-tendered, auctioned or listed to determine the lessee and the lease; if it is necessary to renew the lease, the lease should be re-determined at the prevailing land market price in the same lot.
- If the lease renewal is not applied in accordance with the regulations or the lease renewal application is not approved, the lessor will recover the leased state land free of charge when the lease term of the state-owned land expires, and if the above-ground buildings, structures, and attachments have use value, the residual value may be appropriate make up.
- Article 18 If the state-owned land acquired through the allocation method is changed or partially used, if the unit uses the land or its buildings, structures, or attachments for business, the part of the allocated land must be changed to paid or leased use according to law. the way. If the transfer method is not selected, the state-owned land lease contract shall be re-signed; if the re-signature is refused, the land and resources administration department shall collect the lease fee in accordance with the standard for leasing state-owned land of similar purpose.
- Article 19 The lessee shall pay the lease fee in accordance with the standards, amount, time limit agreed in the state-owned land lease contract or the provisions of Article 18 of these Measures. Lease payments are paid directly into the finances and incorporated into budget management. Specific collection management methods shall be formulated by the provincial financial administrative department in conjunction with the provincial land and resources administrative department.
- Article 20 If the lessor fails to deliver the land to the lessee in accordance with the contract of the state-owned land lease contract, he shall bear the liability for breach of contract. The lessee may terminate the state-owned land lease contract.
- Article 21 If the lessee fails to pay the lease payments in accordance with the state-owned land lease contract or the provisions of Article 18 of these Measures, the lessor shall order payment within a time limit, and if it fails to pay over one year, the lessor shall report to this level With the approval of the people's government, compulsory measures can be taken or the state-owned land lease contract can be cancelled and the leased or allocated state-owned land can be recovered.
- Article 22 The lessee violates the same provisions of Articles 13 and 14 of Article 14 of these Measures, and the administrative department of land and resources at or above the county level shall order correction within a time limit; if no correction is made within the time limit, the lessor shall have the right to release the state Land lease contract to recover the leased state-owned land and investigate its liability for breach of contract.
- Article 23 If the competent land and resources administrative department and its staff violate the provisions of these Measures, abuse their powers, engage in malpractices for personal gain, or neglect their duties; or if they have been filed with a higher-level authority to consider that they have violated the regulations and ordered them to rectify, but refuse to rectify, the principal responsible person shall be investigated in accordance with the law And the administrative responsibility of the person directly responsible; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
- Article 24 These Measures shall be implemented as of July 1, 2003
Collective land lease
- Land use right transfer refers to the state's transfer of land use rights to land users within a certain period of time. Except for the government land management department, no other unit, individual, or organization can transfer collective land without authorization. Collective land ownership may not be transferred or leased without authorization. The transfer of built-up houses on collective land should meet certain conditions, mainly including: the ownership of the house and the right to use the land within the occupied area have been registered according to law; the transferee must be a qualified individual or collective economic organization within the township. In addition, in addition to the above-mentioned regulations, the transfer of residential houses should also be approved by the township people's government. [2]
- The collective land use right includes the right to use contracted farmland (also called the right to use farmland), the right to use house sites, the right to use land for construction of township enterprises, and the right to use land for public facilities and public welfare undertakings. Regarding the lease of agricultural land contracted management rights, China's "Land Management Law" and "Rural Land Contracting Law" both have detailed regulations. As for the land for public facilities and public welfare construction, because it is not profitable, there are not many related disputes in practice, so This article does not address the issue of renting both. The following mainly analyzes the lease of residential land use rights and enterprise construction land use rights.
- Rental of the right to use the homestead. In this regard, only Article 62 of the "Land Management Law" stipulates: "A rural villager can only have one house site, and the area of the house site must not exceed the standard set by the province, autonomous region, or municipality .... Rural villagers After selling or renting a house, you will not be approved if you apply for a homestead. "From this rule, we can see that the law allows farmers to rent out houses, but is it allowed to rent out the right to use the homestead? From a practical point of view, because farmers can completely apply for free homesteads for building houses, there is rarely the necessity and possibility of renting the right to use other people's homesteads. From a legal point of view, since the law is not prohibited, it should be understood as allowing Lease of the right to use the homestead, and permitting the lease will not cause a change in the subject of the right to use the homestead, and thus does not violate the "one household, one home" law. [3]
Land lease
- I. Early strict restrictions (from the perspective of lease of land use rights)
- On May 19, 1990, the State Council issued the Interim Regulations on the Transfer and Transfer of Urban State-owned Land Use Rights by Order No. 55. According to Articles 44 to 46 of the Regulation, the allocated land use right shall not be leased except in the following cases:
- With the approval of the municipal and county people's government's land management department and real estate management department, the allocated land use right and the ownership of the above-ground buildings and other attachments can be transferred, leased, and mortgaged:
- (1) Land users are companies, enterprises, other economic organizations and individuals;
- (2) Having a state-owned land use certificate;
- (3) Certificates of legal property rights of the above-ground buildings and other attachments;
- (4) Sign the land use right transfer contract, and pay the local city and county people's governments for the land use right transfer payment or use the proceeds from the transfer, lease, and mortgage to settle the land use right transfer payment.
- For units and individuals that transfer, lease, or mortgage land use rights without authorization, the land management department of the municipal or county people's government shall confiscate their illegal income and impose a fine according to the circumstances.
- On March 8, 1992, the former National Land Administration issued the [Interim Measures for the Management of Allocated Land Use Rights] by Order No. [1992] No. 1, implemented the relevant provisions of the Regulations, and strengthened the management of allocated land use rights. The interim measure further reiterated the relevant provisions of the regulations.
- 2. Deregulation (from the perspective of housing and building rental)
- The Urban Real Estate Management Law, which came into effect on January 1, 1995, provides the following provisions for the lease of allocated land: For profit, the owner of the house will lease the house constructed on state-owned land that has obtained the right to use by means of allocation. , The land revenue included in the rent should be turned over to the state. The specific measures by the State Council. The "Urban Real Estate Management Law" was revised in 2007, but did not involve amendments to the above provisions.
- The Administrative Measures for Urban House Leasing (Decree No. 42 of the Ministry of Construction), which came into effect on June 1, 1995, details the management of urban house leases. Article 25 stipulates that: for the purpose of profit, if the house owner leases a house built on state-owned land that has obtained the right to use by means of allocation, the land proceeds included in the rent shall be turned over to the state. The method for the transfer of land proceeds shall be provided by the people of the city and county in accordance with the provisions of the Ministry of Finance's "Interim Measures on the Collection and Administration of Paid Use Income of State-owned Land Use Rights" and the "Interim Provisions on Certain Financial Issues of Paid Use Income of State-owned Land Use Rights" Collection and payment on behalf of government real estate management departments. When there are new regulations promulgated by the State Council, those regulations shall prevail. The Administrative Measures for Commercial House Leases, which came into effect on February 2, 2011, replaced the Administrative Measures for Urban House Leases, but the Administrative Measures for Commercial House Leases no longer have relevant provisions for the lease of houses built on allocated land.
- The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of the Law in the Trial of Disputes over Urban Housing Lease Contracts (Fujian [2009] No. 11), which came into effect on September 1, 2009, also failed to lease the houses constructed on the allocated land. Explain effectiveness.
- Conflict and coordination
- Obviously, there is a conflict between the regulations represented by the regulations and the regulations represented by the Urban Real Estate Management Law: For the lease of allocated land, the regulations set up pre-approval procedures and lease conditions, and the Urban Real Estate Management Law does not No restrictions are set.
- How does the law apply to such conflicts in practice? On September 4, 1996, the State Land Administration issued the Reply on Issues Related to the Implementation of the <Urban Real Estate Management Law> and Order No. 55 of the State Council (Guodi Approval (1996) No. 89). The issue of how the "Urban Real Estate Management Law" (hereinafter referred to as "the law") is connected in the implementation. After the implementation of the law, the State Council Order No. 55 continues to be valid. If the provisions of the State Council Order No. 55 are consistent with the provisions of the law, they shall be implemented in combination; In principle, but in accordance with the laws and regulations must be implemented in accordance with the provisions of the State Council, before the new regulations of the State Council are promulgated, they shall be implemented in accordance with the State Council Order 55 or other relevant provisions of the State Council; carried out. According to Article 55 of the "Urban Real Estate Management Law", for the purpose of profit, the owner of a house will lease the house on state-owned land that has obtained the right to use by means of allocation, and shall submit the land proceeds included in the rent for The specific measures for this article shall be formulated by the State Council. At present, the State Council has not formulated specific measures, and it should be implemented temporarily in accordance with the provisions of Articles 44 and 45 of Order 55 of the State Council. After the State Council's specific measures for implementing Article 55 are promulgated, they will be implemented in accordance with those measures. If the party leases the allocated land use right together with the building on the ground without approval, the lease shall be deemed to violate the provisions of Articles 45 and 45 of Order 55 of the State Council, and shall be in accordance with Article 46 of the Order 55 of the State Council Provide for administrative penalties.
- Four possible explanations
- (A) strict interpretation
- The lease of allocated land (including above-ground buildings) without the approval of the land management department and real estate management department of the municipal and county people's governments is invalid due to violation of mandatory laws and regulations (ie regulations) in accordance with the Contract Law.
- The provisions of the "Urban Real Estate Management Law" only emphasized that the land revenue included in the rent in the allocated land lease was turned over to the country, and did not make any affirmative provisions on the effectiveness of the unapproved allocated land lease, nor did it replace the relevant provisions of the regulations. (Actually, it can be regarded as a supplementary provision for land revenue surrender). In conjunction with the "Reply on the Implementation of the" Urban Real Estate Management Law "and the State Council's Order No. 55 (National Land Approval (1996) No. 89) issued by the National Land Administration, it is legal to claim that leases are invalid according to regulations.
- (2) Eclectic explanation
- After a careful analysis of the above laws and regulations, it can be found that the legal requirements represented by the regulations are related to the perspective of lease of land use rights; the legal requirements represented by the Urban Real Estate Management Law are based on housing. Relevant provisions are made from the perspective of leasing. Therefore, we can use this as a breakthrough to explain the relevant legal provisions:
- 1. If it is a lease of allocated land use rights (ie bare land lease), the provisions of the regulations apply, and certain conditions must be met and the lease must be approved to be valid, otherwise it will be invalid.
- 2. If the house on the allocated land is leased (hence the leased land occupied by the house), the provisions of the Urban Real Estate Management Law apply. Because the Urban Real Estate Management Law does not clearly stipulate that the lease of houses on the allocated land requires relevant approval, the effectiveness of the lease contract will not be affected by the failure to obtain approval. Of course, at this time, the lessor should return the land proceeds included in the rent to the country, but the failure of the lessor to pay does not affect the validity of the lease contract. Of course, there is also a premise here: the houses on the allocated land must have obtained the house ownership certificate. If the buildings on the allocated land are temporary buildings, illegal buildings, and other buildings and attachments that have not obtained the house ownership certificate, then these leases are still It should be regarded as a lease of land use right, not a house lease.
- A possible dilemma of this compromise explanation is how to choose the application of the law for the case of simultaneous lease of premises. If the allocated land occupied by the house is also leased out purely due to house lease, then the provisions of the Urban Real Estate Management Law can be optionally applied. What if the lease contract covers the house and land itself? There are several ways:
- 1. The overall regulations apply. The term rental use of land use right as defined in the regulations itself refers to the act of the land user as the lessor who leases the land use right along with the buildings and other attachments on the ground to the lessee, and the lessee pays the rent to the lessor. In addition, Article 45 of the Regulations clearly applies to "allocation of land use rights and above-ground buildings and other attachments." Therefore, the provisions of the regulations should apply.
- 2. The lease is divided into leased land use right lease and house lease, and its effectiveness shall be determined by applying the regulations and the provisions of the Urban Real Estate Management Law, respectively. That is, if feasible, let the lessor and the lessee re-sign the lease contract and split the original lease contract.
- 3. The provisions of the Urban Real Estate Management Law apply as a whole. If the main part of the lease is a house, the proportion of blank allocated land (allocated land that is not occupied by a house) is relatively small. If the blank allocation of land is slightly larger, then this explanation does not seem to work.
- V. Disclosure of Allotment of Land for Enterprise Listing
- In the process of listing a company, how to disclose the issue of the allocated land lease in the prospectus is a technical issue.
- Regarding the issue of land lease, you should first go through relevant approvals as much as possible (of course, such approvals are not easy to implement in practice, and the lessor needs to pay part or all of the rent, and is unwilling to apply for such approvals); If it is not possible to go through the relevant approval procedures, you should try to obtain confirmation letters from the relevant land management department and housing management department (such as housing) to confirm the validity of the lease. If the confirmation letter cannot be obtained, the issues disclosed in the prospectus must be considered:
- 1. The safest disclosure
- Obviously, the provisions of the "Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights" are the most stringent. Therefore, it is safest and protected for lawyers to refer to the "Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights". Also the biggest.
- However, adopting this strictly conservative opinion is limited to the case where the property defect rate is relatively low in listed projects. If the property defect rate is relatively high, conservative opinions will undoubtedly further make the defect rate high (if the land management department and real estate management department of the county people's government have not been approved).
- Compromised disclosure
- If the property defect rate in the listed project is relatively high, in order to reduce the disclosure of the property defect rate, the allocated land lease will be classified, and the bare land lease party will refer to the "Interim Regulations on the Transfer and Transfer of Urban State-owned Land Use Rights" to express opinions; In accordance with the "Urban Real Estate Management Law" to express their opinions and found that the relevant lease agreement is legal and valid. At the same time, the contract for the simultaneous lease of premises was split, and the house lease contract and land lease contract were re-signed to rescue the house lease contract.
- 3. Risky disclosure
- Risky disclosure, that is, no disclosure of all leased land issues. After the listing application documents are submitted, the regulator asks this question before explaining. If you don't ask, it will not be disclosed in the end.
- This type of disclosure is very risky and risky. If the lease of the house on the allocated land can still be explained by the "Urban Real Estate Management Law", it is difficult to explain the "Urban Real Estate Management Law" by assigning the land use right or by leasing a part of the building with the land use right attached.