There is a small shop for rent, and the other party asks for a joint venture when renting, please as

Rental: Profit: The rent is fixed, the risk is small, you can sue him for rent arrears, and you can cancel the contract to repossess the house. Disadvantages: After the rent is determined, it cannot be changed or raised.

Joint operation: profits: can be divided according to the agreed proportion of operating profits, and you can share more dividends if he runs well.

Disadvantages: His business situation is not easy to control and master, you better participate in his business or know his accounts, but it is easy to cause conflicts and troublesome. If he makes little or no profit, or if he pretends to make little or no profit, you have to get less or no dividends.

If he owes debts in the course of his business, you will be jointly and severally liable.

Additional note: If it is stipulated in the joint venture contract that you will share a fixed amount regardless of profit or loss, such an agreement is not legal.

Your relationship with him, whether it is a joint venture or a lease, is legally based primarily on the contract you have signed.

If you sign a joint venture contract, even if you don't get a share of the profits, the law still considers you to be in a joint venture relationship, and once the so-called joint venture he runs has external debts, you will be jointly and severally liable in law.

Once the joint venture relationship has been established, the debt waiver agreement signed between you is illegal and invalid. The law stipulates that the two parties to the joint venture shall share benefits and risks, and shall bear joint and several liabilities to each other.

I suggest that since you don't get a share of the profits, you should sign a lease contract with him. In the lease contract, you can agree to exempt him from those responsibilities and obligations that he wants to escape, or sign a separate lease waiver agreement, which is valid as long as it is not illegal. In a lease relationship, the voluntary exemption agreement between the two parties is usually not illegal, and taking a step back, even if the exemption agreement is illegal and invalid, it will only be detrimental to him and not to you.

It's not easy to score.

It is not included in the joint venture and is included in the selling expenses. Social security needs to be handled by you, and of course you can also outsource it to a human resources company.

It should belong to the joint venture, and the regulations of each shopping mall are different, and strict management may need to be done.

If you sign a lease contract, this is the legendary "real lease and fake association", you can directly sign a contract with the license of "self-employed", if it is a joint venture contract, you must have a "company" and "general taxpayer" to sign the contract. Therefore, you still belong to the "lease", and you must have a business license for "individual industrial and commercial households". Otherwise, the contract cannot be signed.

In general, in this case, you should not need to provide a VAT invoice when settling the payment, which is more convenient for you. In terms of insurance, you can directly negotiate the price with the staff, look at the ** of the surrounding stores, and give 200 300 is enough, and many young children are not willing to pay insurance.

The risk for large developers will be smaller. The disadvantage is that the business atmosphere is not done, the investment is not successful, and the leaseback is empty talk. The signing is a three-party contract, and the developer directly flashes people, and you can't do anything.

If you are not subleasing in the name of an association, then you are not in breach of contract.

If the lessor's lease contract is contrary to the Labor Contract Law, these clauses have no legal effect. That is, you can not comply. For example, fines, you can refuse.

Because of the laws of our country. Only the public security organs have the power to impose fines, and other enterprises and institutions are not allowed. If there is a lawsuit, the lessor will definitely lose.

If you sign it, you're agreeing to be managed.

It depends on whether the contract is agreed or not.

A joint venture contract is an agreement between enterprises or between enterprises and public institutions to achieve certain economic goals.

The fundamental difference lies in whether there is an agreement to jointly contribute capital and jointly engage in certain productive economic activities in order to achieve a common economic purpose.

In addition to the characteristics of a general contract, a joint venture contract has its own characteristics:

1) The subject of the joint venture contract is a legal person, and it must be an enterprise legal person and a public institution legal person. Government agencies and social organization legal persons cannot be the subject of joint venture contracts. Nor can an individual citizen be a party to a joint venture contract.

2) The joint venture contract mainly reflects the rights and obligations of the parties to the joint venture.

3) The joint venture contract applies to both partnership and contract joint ventures.

4) There are at least two parties to the subject of the joint venture contract. The main right of the parties to the joint venture contract is to obtain the profit of the joint venture as agreed in the contract; Obtain the assistance and support of other joint venture parties as agreed in the contract. The main obligation of the parties to the joint venture contract is to provide the joint venture funds or expenses as agreed in the contract and cooperate according to the contract; Supporting other joint venture parties in activities related to the joint venture.

5) The subject matter of the joint venture contract is the act of the joint venture, not the material or intellectual achievement.

The most essential difference is that in principle, the joint venture needs to share the risk, if there is no profit, there is no need to pay a fixed profit to the other party, while the lease does not have the situation of sharing the risk, regardless of profit or loss, you need to pay rent.

The joint operation is to distribute profits and bear losses in accordance with the joint operation agreement, the more you earn, the more the mall shares, of course, you lose, the mall also bears; Leasing is a fixed amount of rent paid to the mall, no matter how much you earn or how much you lose.

A joint venture contract usually refers to an agreement whereby two or more economic organizations agree to jointly contribute capital and jointly engage in certain productive economic activities in order to achieve a common economic purpose. Joint ventures are divided into corporate joint ventures, partnership joint ventures, and contract joint ventures. The General Principles of the Civil Law make corresponding provisions.

Legal person type: Article 51 stipulates that "if an enterprise or an enterprise or a public institution is associated to form a new economic entity, independently bear civil liability, and have a legal person certificate, it shall be approved and registered by the competent authority and obtain the status of a legal person." "The parties to the joint venture form a new legal entity to carry out the joint venture.

Partnership: Article 52 stipulates that "if an enterprise or an enterprise or a public institution is jointly operated and does not meet the requirements of a legal person, the parties to the joint venture shall bear civil liability with the property owned or managed by each of them according to the proportion of capital contribution or the agreement agreed." Those who bear joint and several liability in accordance with the provisions of law or the agreement shall bear joint and several liability.

The parties to the joint venture do not form a new legal entity, but jointly operate an entity under a contract.

Cooperative: Article 53 stipulates that "if an enterprise or an enterprise or a public institution operates independently in accordance with the contract, its rights and obligations shall be stipulated in the contract, and each shall bear civil liability." "In accordance with the provisions of the contract, each operates independently, and its rights and obligations are agreed in the contract, and each bears civil liability.

A lease contract refers to a contract in which the lessor delivers the leased object to the lessee for use and income, and the lessee pays the rent. Among the parties, the party with the right to use or benefit from the provision is the lessor; The party who has the right to use or benefit from the leased property is the lessee. In the lease contract, the purpose of the lessee is to obtain the right to use the leased object to pay the rent, and the lessor only transfers the right to use the leased object to obtain the rent.

There is a difference, joint sales are based on how many points are deducted from sales to submit expenses, and the number of sales is increased by percentage. Guaranteed sales is a minimum sales guarantee, under the guarantee, no matter how much you sell, according to the minimum sales point, after the amount of sales will be increased by percentage.

First of all, it depends on the nature of the mall, whether it is a leased mall or a joint venture mall. Due to the fierce commercial competition, rental shopping malls have little room for appreciation, but they usually choose to sell some of the shops at the opening of the market to quickly recover the cost. Joint-venture shopping malls are usually developed by large commercial groups, and if they are not short of money, they are unlikely to be sold, and they will not be considered for sale unless they are developed by small commercial companies.

It is more reliable to choose a store for investment, and commercial investment is risky, so you should fully understand the developer before deciding whether to invest.