In article 296 of the Civil code stipulates that any institution may exercise its rights in respect of fixed assets according to objectives and tasks. St. 39 p. 11 of the RF Law "On education" allows educational institutions to act as lessor of the property after it was deleted the requirement that the consent of the settlor at the rental property. To this end, the Charter school in the section on financial and economic activities must be provided for disposal of the property. Also there should be a prohibition on transactions which may result in the alienation of property assigned to an educational institution.
Before signing the rental agreement must be to carry out an expert assessment to consider the implications of such contract to the educational process. She is the founder, so he can control the process of renting. If the results show that there will be a deterioration in the terms of training and education of children, the contract did not sign. If such examination is not performed, the contract is void. The law provides no criteria for expertise, so in practice everything is done on the basis of subjective opinions.
The lease is made in accordance with the requirements of the Civil code (Chapter 34). Is it in written form. A lease of immovable property for a period of a year or more provides for the state registration in territorial body of Federal registration service. Here with the corresponding statement addresses one of the parties to the contract. To the lease of immovable property attached floor plans of the building indicating the leased area.
Funds derived from the lease of the premises which are in state or municipal property, the Budget code as regards the revenues of the appropriate budget after paying all the stipulated taxes and fees.
Advice 2: How to rent municipal premises
According to the Federal law No. 108-F3 of June 30, 2008, the order of the Federal Antimonopoly service of the Russian Federation No. 67 of February 10, 2010, rent of non-residential municipal premises, you need to get it right in the auction conducted by district municipality.
You will need
- - statement to the administration;
- - passport;
- - notification of the beginning of the auction;
- - receipt of payment for the won the right to lease;
- - a contract.
If you want to lease the municipal premises for conducting business, contact the district administration with the passport application. About the course the beginning of the auction for the right to receive the rental you will be notified in writing as soon as sufficient applications from people wishing to obtain the right to lease the premises.
During the auction you have the right to vote for the suggested price of lease rights or offer a higher value and win the auction the first time. In the big cities for the right to conclude a lease in the auction have to participate several times since large companies offer the cost right to rent the premises such that the majority of legal entities or individual entrepreneurs, leading a small business, can obtain lease rights.
If you win the auction, you are required to contribute a specified amount to produce a receipt, then you will assign the amount of rent and sign the lease.
In the contract between the lessor, that is, the local authority and tenant shall include all terms of the lease, amount of monthly payments, terms of payment and terms of the contract, carried out a full inventory of the premises and existing property, the rules for the early termination of the contract and the liability of the parties for failure to comply with these terms and conditions for early termination of lease relations. The document is drawn up in two copies for each party.
The agreement, concluded for a period of more than 1 year, subject to state registration, which is performed by tenant at its own expense by contacting FPRC. Present to register the contract and a photocopy of it, passport application, pay the state fee for registration. All lease information will make in a single register.
If you won the auction and received the right to rent municipal premises, then in two years have a preferential right to redeem the leased premises in the property.