The existence of a commercial lease: A prerequisite and mandatory condition for obtaining the status of authorized warehouse keeper;

In order to obtain the status of approved warehouse keeper, and as recalled in our previous articles, the applicant must compile a complete file consisting of numerous documents, submitted to the Interregional Customs Receipt with territorial jurisdiction, which is the only body authorised to issue the approval;

One of the essential elements, without which the precious "sesame" cannot be obtained, is the commercial lease, which makes it possible to justify the existence and address of the warehouse in which the goods will be kept;
This specific lease enables the applicant to demonstrate that he has the capacity to make commercial use of the said warehouse;
Thus, a simple professional or residential lease will not be sufficient to obtain a licence;

What is a commercial lease?

In French law, a commercial lease can be defined as a contract by which a person (the lessor) rents premises to a merchant, industrial or craftsman (the lessee), so that the latter can carry out a commercial activity. 
However, the texts strictly define this notion, since a lease can only be qualified as "commercial" if it meets the legal requirements of Article L. 145-1-I, paragraph 1, of the Commercial Code, which imposes four cumulative conditions, namely: a lease contract, commercial premises, a business and the registration of the lessee.
Thus, the following elements can be retained:

- A written contract is not mandatory but it is however highly recommended, 
- The commitment must be for a minimum of 9 years,
- Its purpose must be the provision of premises used for the operation of a business or craft business,
- A freely negotiated initial rent is set,
- A security deposit may be required,
- The tenant has a right to renewal at the end of the lease,
- The rent can be revised every 3 years or indexed to a specific index,
- The lease is entered into to carry out a specific activity.

As such, our firm can assist you in drafting and concluding a commercial lease, preserving your rights, both as lessor and lessee, if you wish to apply for approval;
​​​​​​​
Contact us: ce@ebert-avocat.fr