The concept of transfer rights refers to a case of transfer of a business premises made by the lessee of the same to a third party, who is subrogated in the obligations and rights arising from the previous lease contract. This transfer involves the replacement of one tenant by another.
The right of transfer maintains the conditions and characteristics of the previous contract signed between the tenant and the owner of the ground floor, except for the substitution of the tenant position, which will be occupied by a third person. In some cases, you may even request a aval.
Therefore, this right of transfer takes place when the tenant with the right to be for a certain time in a premises decides to assign this right to a third party to receive in exchange a contraprestación. To carry out this operation it will be necessary to have the consent of the owner of the premises.
In general, this usually happens in those premises located in commercial points with high traffic of people, such as shopping centers, where there is a lot of demand in terms of the request for spaces.
It must be clarified that the introduction of a third person in the use or exploitation of a business that has previously been rented to another person, without the approval of the lessor, either through a transfer, sublease or assignment, will be grounds for termination of the rental contract.
Transfer rights in accounting
The transfer rights can be found in account 205 of the General Accounting Plan. It is within intangible fixed assets but, according to the legislation, "they may only appear in assets when their value is revealed by virtue of an onerous acquisition, and must be subject to amortization and impairment according to what is established in general for the intangible assets ".
The right to transfer the business premises acquires the consideration of personal right and you can renounce this option. Quite often, it is the case that in lease contracts the lessee does not have the option of assignment or transfer, so in case of doing so with the opposition of the lessor, the transfer would be canceled and the aforementioned contract terminated.
Know all the information about how to make a business transfer and what are its characteristics.