Legal information

Article introduction: How should the demolition compensation be divided between the landlord and the tenant, and between the partners of the company?

1. Who has the right to divide the demolition compensation?

(1) Lessee

If you want to file a partition lawsuit, you must first meet the qualification requirements of a subject. The prerequisite for determining the qualification of this subject is whether you have an interest in the final compensation received for this demolition. That is to say, from the perspective of civil legal relations, you are one of the interested parties. You know very well that this kind of lawsuit for division of business demolition is within the scope of civil litigation. In practice, the most common subject when it comes to corporate division lawsuits is the lessee. For example, if you lease the land and factory buildings of this company for production and operation, you must have relevant legal business licenses, industrial and commercial registration, tax registration, etc. If this place is subject to expropriation and demolition, then you will have a legal interest in the matter of expropriation and demolition. You have the right to file a lawsuit for division of the demolition.

(2) Partner

The first situation: There is a house built jointly by A and B. If one of the parties, A, receives all the demolition compensation, then B can file a partition lawsuit as an interested party.

The second situation: If the operating partners have relevant equity registration, their interests will be divided in accordance with the relevant provisions of the "Company Law"; if this part of the equity registration is excluded, they can file a lawsuit for division.

2. How to divide losses caused by suspension of production and business?

(1) Mainly depends on the judge’s discretion.

In Beijing, it is basically 46 points or 37 points, and occasionally 50 or 5 points. That is to say, under normal circumstances, the actual operator gets 70% and the lessor gets 30%; or the actual operator gets 60% and the lessor gets 40%. Because the actual operator has obtained a business license and conducted legal business activities, even if the lessor has not obtained a leasing license, it is still a profit-making activity. In this case, part of the loss from the suspension of production and business should be divided to the lessor.

(2) It depends on the current situation and who is actually running the business now.

If there are several business licenses and several people are paying taxes, it depends on who is the actual business entity. Although the landlord also has a business license, he does not actually operate the business, and the landlord is not the actual business entity. In this case, compensation for losses due to suspension of production and business operations must be given to the actual operator. If there is no special provision in the lease contract, this can be done.

Yingting reminds you:

Enterprises should proactively negotiate with relevant departments and not wait passively. The result of waiting is often to miss the statute of limitations. In practice, if you believe that a specific administrative action by the relevant department infringes upon your legitimate rights and interests, or you are not satisfied with the compensation, you can file an application for administrative review within 60 days from the date you learn of the specific administrative action, and file an administrative lawsuit within 6 months. If you have not negotiated the compensation conditions with the department, you can consult a lawyer specialized in business closure, or ask a lawyer to intervene and use professional legal knowledge to negotiate with the relevant departments to strive for fair and reasonable compensation.