Chapter Ninety-Six: Formal Negotiations
Li Zhong briefly explained his previous two plans to everyone, and wanted to hear their opinions, and the only ones who could express their opinions were Mr. Zhang and Yajing. In order to facilitate everyone's more intuitive understanding, we will show you the cases of Wanda Plaza and SOHO Modern City through the big screen.
Changchun Wanda Plaza is the first urban complex in CC City, the project covers an area of 48,000 square meters, with a construction area of 317,500 square meters and a total investment of 2.6 billion yuan.
SOHO Modern City is a landmark building in the eastern part of BJ. The project consists of 10 buildings, each of which is of a different color, consisting of a total of 9 colors. The project has a capacity of 8,000 residents and provides office space for 7,000 people. Its club has a fitness center, a swimming pool and a sauna. In addition, there is a cinema, outdoor tennis courts, a children's playground, as well as a variety of restaurants, teahouses and cafes.
Mr. Zhang is more optimistic about the second plan, with office buildings as the focus of development and supporting shopping malls to highlight profits. Although this plan is more conservative than the first one, it plays a big role in gathering popularity, which can reduce the risk to a very low level, and can be quickly realized in terms of capital withdrawal.
It is mentioned that the first plan to hold the property is to be self-owned, that is, after the completion of the project, it will not be sold to the outside world, and the developer will hold it by itself, and the main commercial entities will be introduced, mainly to collect commissions and property management fees. This situation is not suitable for the current situation of Hengan Real Estate, Hengan cannot afford it now, and Mr. Zhang does not have much interest in future real estate development. Once the funds are recovered, prepare for retirement. This was something that Li Zhong didn't take into account, because he didn't know about Mr. Zhang's condition until now.
Li Zhong also prefers the second type, and after watching the project introduction for a long time, everyone finally decided to use the second set of development plans.
The second key question is, how to jointly develop? Hengan has a legal adviser here, and he put forward two plans.
Li Zhong and Yajing came over in a hurry, and they didn't think about this level of things before, which seemed a little unprofessional, but Li Zhong himself also knew some legal knowledge about real estate. What I considered before was that the land use right is now owned by Hengan Group, so is it a question of whether Vantone wants to contribute or contribute to the team?
The lawyer showed two plans in the PPT: joint development, sub-legal cooperative development and unincorporated cooperative development.
The establishment of a project company is to establish a project company by both parties or provide land to establish a project company in accordance with the law, and to develop in the name of the project company, and the two parties to bear the risks and share the benefits in accordance with the proportion of capital contribution or through the contract.
However, at the same time, there are many shortcomings: for example, it takes a certain amount of time to set up a project company, and the establishment of a standardized management organization is expensive, and it is easy to miss business opportunities; for example, it is necessary to go through the procedures for the transfer of land use rights when the land use rights are contributed, which requires a certain period of time, and second, this procedure cannot be completed when the land use rights are allocated and obtained; and more importantly, the profits of the project company can only be handed over to the parties to the joint development after paying income tax, and they need to pay high financial costs, which is of course not cost-effective for the partners.
The lawyer glanced at everyone, considering that the atmosphere at the moment is so harmonious, is it appropriate to talk about this disadvantage? But as a lawyer, he should be reminded of what he should be reminded.
In this type of cooperative development, the design of the cooperative development contract is very important: whether the agreement on important matters in the cooperative development contract is clear and whether it is operable will directly affect the project operation of the project company, so it should pay attention to the legal norms in the whole process of development, and all terms should be determined in strict accordance with the relevant laws and regulations and in the form of legal documents.
Special attention should be paid to the transfer of rights and obligations before and after the establishment of the project company, including the compensation for the expenses incurred before the establishment of the project company, the procedures for the transfer of land use rights, and the scale and speed of the cooperative construction of the project.
It means that every link in the development process in the future must be signed in the form of legal documents, so as to clarify responsibilities, which is a bit too formal, Li Zhong feels a little overly worried. Since the two sides are cooperating in good faith, then they should aim for the goal of getting the maximum benefit as soon as possible.
In the case of equity cooperation of the project company.
Vantone Real Estate acquired part of the equity of Hengan Real Estate Garment Factory Phase II Project Company to achieve the purpose of cooperative real estate development. The advantages of this cooperative development method are that the cooperating parties do not need to go through the registration procedures for the transfer and change of land use rights, and do not need to register the name change of the construction developer, but only need to go through the registration of the change of equity transfer in the industrial and commercial department in accordance with the equity transfer agreement. The procedures are simple, and the development and construction rights of the project can be obtained relatively quickly and the substantive operation of the company can be carried out. Secondly, there is no need to pay the deed tax and handling fee for land transfer, which can save transfer costs and reduce investment and development costs.