Operational management agreement. What is operational property management

Under an operational management agreement, municipal or federal property is transferred to the management of legal entities to conduct production activities.

Rights to this property are limited. The organization that has received the property owns it with the right of operational management, that is, it uses it for the purposes of its production and economic activities within the framework of current legislation, the owner’s assignments and the purpose of the property.

Property received for operational management cannot be sold, transferred as a gift or pledge, or invested in the authorized capital of another legal entity.

In addition, the owner has the right to confiscate property that has been excessively transferred or used for other purposes. The seized property is used by the owner at his own discretion.

Property received for operational management can be leased only with the consent of the owner.

Property operational management agreement

An agreement for the transfer of municipal property to a legal entity for operational management is concluded on the basis of a resolution of the head of the municipality.

An agreement for operational management of property is concluded between the owner and a person capable of effectively using the transferred property.

The contract contains the data of the parties to the contractual relationship, and also indicates:

Basic information about the transferred property (name, location address, technical characteristics);
The value of the transferred property is indicated, at which it will be taken into account in the balance sheet of the party receiving the property;
Rights of a legal entity that apply to property;
Obligations of the parties to contractual relations;
Contract time;
Conditions for making changes and additions to the contract;
Conditions for early termination of the contract;
Details and signatures of the parties, sealed.

An act on the transfer and acceptance of property is attached to the agreement, which specifies a complete list of objects transferred to operational management, with a description of the technical characteristics, condition and value of the property.

If the premises have been transferred to operational management, then a copy of the floor plan of the building in which the transferred premises is located is attached to the contract. If the entire building is transferred to operational management, then a plan of the entire building and the land plot on which it is located is attached.

An agreement on operational management of property is required for state registration if the subject of the agreement is real estate.

The right of operational management of real estate arises for an organization only after state registration.

Property received for operational management is reflected in the balance sheet of the enterprise at the value specified in the resolution and in the contract. Property received for operational management is subject to depreciation in the generally accepted manner.

Entrust the preparation of a draft agreement for the operational management of municipal (federal) property to qualified lawyers. When drawing up a contract, their knowledge and experience will help you take into account all the norms of current legislation, which will save you from possible conflict situations during the period of contractual relations.

Operational property management

Under an operational management agreement, municipal or federal property is transferred to the management of legal entities. for conducting production activities .

Rights to this property are limited . The organization that has received the property owns it with the right of operational management, that is, it uses it for the purposes of its production and economic activities within the framework of current legislation, the owner’s assignments and the purpose of the property.

Property received for operational management cannot be sold . transferred as a gift or pledge, invested in the authorized capital of another legal entity.

In addition, the owner has the right to confiscate property that has been excessively transferred or used for other purposes . The seized property is used by the owner at his own discretion.

Property for rent. received for operational management can only be done with the consent of the owner.

What is the essence of this right

Operational property management is, first of all, the possession and use of property transferred to a legal entity. The disposal of property is seriously limited, i.e. a ban is imposed on the sale, donation, pledge, transfer to the authorized capital.

Does the owner have the right to rent out the property? The answer depends on what is written in the charter documents and in the agreement with the owner. Transactions with property of this kind are permitted to be concluded with the consent of the owner’s representative.

Additional restrictions are established by the owner using the rules of law and contract. In the case of a state or municipal form of ownership, it is assumed that the property manager can give additional instructions regarding it outside the norms of the contract.

Judicial practice notes the owner’s right to seize property that is not used for its intended purpose or is superfluous.

Property operational management agreement

An agreement for the transfer of municipal property to a legal entity for operational management is concluded on the basis of a resolution of the head of the municipality .

An agreement for operational management of property is concluded between the owner and a person capable of effectively using the transferred property.

The data of the parties to the contractual relationship is entered into the contract, in addition it is indicated :

Basic information about the transferred property (name, location address, technical characteristics);
The value of the transferred property is indicated, at which it will be taken into account in the balance sheet of the party receiving the property;
Rights of a legal entity that apply to property;
Obligations of the parties to contractual relations;
Contract time;
Conditions for making changes and additions to the contract;
Conditions for early termination of the contract;
Details and signatures of the parties, sealed.

An act on the transfer and acceptance of property is attached to the agreement . which indicates a complete list of objects transferred to operational management, with a description of the technical characteristics, condition and value of the property.

If the premises have been transferred to operational management, then a copy of the floor plan of the building in which the transferred premises is located is attached to the contract. If the entire building is transferred to operational management, then a plan of the entire building and the land plot on which it is located is attached .

Agreement structure

The contract for the right to operational management of property has approximately the following structure:

information about the parties to the agreement;
list of transferred property, its characteristics;
information about real estate is taken from the register of rights to real estate;
the value of the transferred property;
a list of rights that the recipient legal entity receives;
rights and obligations of participants;
validity period, renewal procedure;
the procedure for making changes to the text of the agreement;
conditions for its early termination.

The transfer of real estate entails a change in the status of the land plot on which the object is located. This includes the unity of fate of the land plot and the real estate located on it.

The transfer of rights to the plot is formalized in the same agreement or in a separate agreement. Transactions are processed simultaneously.

State registration

An agreement on operational management of property is required for state registration . if the subject of the contract is real estate.

The right of operational management of real estate arises for an organization only after state registration.

Property received for operational management is reflected in the balance sheet of the enterprise at the value specified in the resolution and in the contract. Property received for operational management is subject to depreciation in the generally accepted manner .

Entrust the preparation of a draft agreement for the operational management of municipal (federal) property to qualified lawyers. When drawing up a contract, their knowledge and experience will help you take into account all the norms of current legislation, which will save you from possible conflict situations during the period of contractual relations.

What documents are attached?

An integral part of the agreement for the right to operationally manage property is an appendix describing the transferred property, its properties, and features. Technical documentation is attached.

In the case of transfer of real estate, there is no need for an application; the address and cadastral number are sufficient.

When signing the contract, a transfer and acceptance certificate must be drawn up. It notes features, some nuances that may in the future have an impact on the rights of the parties.

What is operational property management

The owner may transfer his property for operational management to another legal entity, which, after concluding an appropriate agreement, will receive the right to manage the property, but exclusively to perform the tasks and functions specified by the owner. Thus, operational management is one of the forms of limited property rights. A similar practice was used in our country back in the 60s. XX century. Nowadays, the drafting of operational management agreements remains relevant, since the transfer of various property to operational management makes it possible to involve a larger number of organizations in economic processes. At the same time, thanks to the delegation of property management rights, its owner can establish a more efficient use of its capacities.

Transfer to operational management

State, municipal property, which is the property of an organization or a private person, can be transferred to operational management. In this case, the main characteristics of such property should be as follows:

specific location and isolation
inability to move
high cost (when the loss of such property could cause irreparable damage to the owner)

An entire enterprise can be considered as an example of property transferred to operational management. In this case, this is real estate with the entire set of property: movable, immovable, cash, valuables, etc. Here, the operational management agreement provides for the operational management of the enterprise as a single whole. When drawing up this document, the parties to the agreement must be guided by the norms of the Civil Code, Tax Code, Budget Code of the Russian Federation, federal legislation, as well as the provisions prescribed in acts of local (municipal) self-government bodies. In general, both the direction of activity of the organization that received the property with operational management rights and the functions it performs are clearly defined and strictly limited by the owner of the property.

Registration of operational management rights

The scope of powers vested in the company carrying out operational management is determined by the owner of the property by drawing up an agreement. After this document is signed by both parties to the agreement and the owner issues a resolution on the transfer of the property to operational management, the right to use the object is transferred to the other party to the transaction. The legal status of the transferred property changes only after mandatory state registration of the right, carried out either at the address where the property is located, or at the legal address of the owner of this right.

Sample DDU

"_____" ________________ 2021

Gr. __________________________________________________________ (personal data of the principal), passport: _______________________________ (passport data), living at the address:________________________________ (address of the principal), hereinafter referred to in the text of the agreement as “ Principal ”, and c.__________________________________________________________________________ (personal data of the trustee), _____________________________ (data of his passport ), residing at the address: _____________________________________ (address of the manager), hereinafter referred to in the agreement as the “ Trustee ”, and together referred to as the “Parties” to the agreement, have agreed as follows:

1. Item

1.1. The Principal, acting as the owner of the housing, transfers to the Trustee an apartment owned by the Principal, located at the address: __________________________________________________________________________ (address of the transferred housing), with a total area of _________ sq. m. m, into trust management within _______ days after the Parties sign this agreement, and the Trustee, according to the acceptance certificate, accepts the housing.

1.2. The apartment that is the subject of the agreement has the following characteristics: number of rooms _____, total usable area _______; living area _______ sq.m.

1.3. The principal guarantees that at the conclusion of this agreement the apartment is not mortgaged to third parties, is not under arrest, and is not burdened with any other obligations.

1.4. The manager has the right to use the apartment during the validity period of the agreement in accordance with its intended purpose (for living).

1.5. The owner’s rights to the subject of the agreement are confirmed by the following documents: _______________________________________________________________________________________________.

1.6. The Trustee shall own and dispose of the housing transferred to him solely in the interests of the Trustee.

1.7. The transfer of housing into trust management by the Principal does not entail the transfer of ownership rights to the transferred apartment to the Trustee.

2. Terms of agreement

2.1. The validity period of the agreement is determined from _____________________ to _______________________.

2.2. The rights and obligations of the Trustee regarding the management of the transferred housing arise from the moment the relevant premises are transferred to the Trustee. The transfer of housing is formalized by a transfer deed signed by the Parties.

2.3. If the parties to the agreement do not terminate the document upon expiration, the agreement is extended under similar conditions.

3. Conditions for early termination of the agreement

3.1. The agreement may be terminated early, before the period specified in clause 2.1., if:

declaring the Trustee bankrupt;
liquidation of the Trustee;
commission of actions (inaction) by the Trustee that are clearly directed to the detriment of the interests and rights of the Trustee;
refusal of the Trustee to further manage the apartment due to the inability to personally fulfill the duties of trust management of the transferred housing;
existence of an agreement between the Parties;
the occurrence of other circumstances provided for by law, this agreement or additional annexes or agreements to it.

3.2. The Principal may refuse to implement the agreement at any time, subject to payment to the Trustee of his remuneration for the last reporting period (month) of the agreement.

3.3. If either party refuses to fulfill the agreement, the other party must be notified of this no less than ________ days before termination of the agreement.

4. Rights and obligations of the parties

4.1. When executing the agreement, the trustee is obliged to:

transfer to the Trustee all benefits and income received from the trust management of housing, with the exception of financial resources allocated to cover expenses related to the trust management of the apartment and the remuneration due to the Trust Manager, as well as other payments and costs provided for in this agreement;
carry out settlements with the Principal in the manner and within the time limits established by the agreement;
timely make all required utility payments (for gas, electricity, water, Internet, telephone and others) in the prescribed manner;
control the proper use of the transferred housing, taking into account its purpose and technical features;
require the tenant to comply with the rules for the use of housing, including safety rules, and constantly take the required measures to ensure the safety of the transferred housing and the equipment installed in it;
demand from the tenant proportionate compensation for damage caused to housing and property installed in it due to the fault of the tenant or third parties;
fulfill other duties of a housing tenant as determined by current legislation;
provide reports on activities at the request of the Principal.

4.2. The trustee is responsible for resolving any risks related to damage, loss, theft and premature wear and tear of the property in the apartment that occurred during the term of the agreement. In the event of loss or damage to property assets, the Trustee is obliged to carry out the necessary repairs or replace the damaged (lost) property with property similar or satisfactory to the Trustee at the expense of the tenant.

4.3. The Trustee undertakes to promptly inform the Principal regarding all circumstances relating to the transferred property.

4.4. The trustee has the monthly right to remuneration specified in clause 6 of the agreement.

4.5. The principal has the right:

verify compliance with the agreement by the Trustee;
demand compensation for damage caused to the transferred housing or property located in it during the period of validity of the agreement;
if you lose confidence in the manager, terminate the agreement early;
receive income from the transferred housing minus the amounts of remuneration to the Manager and compensation for expenses required under trust management.

4.6. The principal is obliged to transfer to the manager all documentation and information required to fulfill the obligations under the agreement.

5. Calculations of the parties

5.1. The Trustee pays the Trustee _________ rubles monthly.

5.2. The trustee has the right to receive remuneration ______% of the income received under trust management. Payment for utilities _____________________________________________ (list of services) is made by the Trustee at the expense of the tenant.

5.3. The Trustee has the right to fully reimburse the expenses incurred by him, agreed upon with the Trustee, relating to the management of the apartment, from the income received from the use of this apartment.

5.4. Payments are made in cash.

6. Dispute resolution

6.1. Any disputes not resolved by the Parties to the agreement shall be resolved in court.

7. Addresses, details of the parties

Principal _____________________________________________________________________________________

Trustee______________________________________________________________________________

8. Signatures of the parties

You can edit the trust in .docx format for future use.

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Currently, legal relations related to the lease of real estate without acquiring the right to it are gaining great popularity. A type of such agreement is an agreement between subjects of economic relations on the operational management of real estate.

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The essence and purpose of the real estate operational management agreement

As stated above, this agreement is a type of lease agreement, but such legal relations are not regulated by separate provisions of the Civil Code, therefore established legal practice is applied.

Based on this, an operational property management agreement means a written agreement between business entities or municipal (state bodies), on the basis of which one party, which owns real estate, transfers it for management to the other party, without charging a fee for this .

This is a significant difference from a lease agreement. Plus, it should be added that real estate transferred in this way must be placed on the balance sheet of the business entity, and accordingly the operational manager pays taxes and makes depreciation deductions.

Legal norms of operational management.

Based on this, we can distinguish three main differences between such an agreement and other methods of transferring property for use:

there is no charge for the use of the property, that is, the transaction is free of charge;
the received property becomes on the balance sheet of the legal entity, and it is subject to mandatory payment of all taxes and fees;
The property received in this way is returned to its owner after a certain period of time, that is, it cannot be sold, donated, or subleased.

It is important to remember that all contracts for the operational management of property must undergo mandatory registration with a special government agency.

What is a real estate services agreement and when should it be concluded, read the link.

If there is no such procedure, the agreement will automatically be declared invalid, which means that the parties are not endowed with any rights and obligations.

Concept and subjects of operational property management

In order to understand what property can be transferred to operational management, you need to understand what is meant by this action.

Operational management provides for the fact of transferring property to the full disposal of one of the parties. This right is somewhat limited, since the object cannot become the property of the manager, and without the consent of the owner, be transferred under a similar agreement to a third party.

Do you want to sell your cottage? To do this, you need to draw up an agreement, and what it should include - read this article.

The party that has received the property for operational management must use it for its intended purpose and has the right to repair and improve (with the permission of the owner). At the end of the contract, the property must be transferred back and removed from the balance sheet to the owner in the same or improved condition.

The subjects of such legal relations are only persons conducting economic activities, as well as municipal or state authorities. This category also includes individual entrepreneurs who will act not as an individual, but as an individual entrepreneur.

What is operational management, watch in this video:

Therefore, we can come to the conclusion that property can only be transferred to operational management if it is used for economic activity and is a means of production (warehouses, office premises).

Residential property does not fall into this category. A sample contract for operational property management can be downloaded below.

Apartment trust management agreement

APARTMENT TRUST MANAGEMENT AGREEMENT No.

g.
"" g.

A citizen, passport (series, number, issued), residing at the address, hereinafter referred to as the “
Trustee
,” on the one hand, and a citizen, passport (series, number, issued), residing at the address, hereinafter referred to as the “
Trustee
,” on the other hand, hereinafter referred to as the “
Parties
”, have entered into this agreement, hereinafter the “Agreement”, as follows:

SUBJECT OF THE AGREEMENT

1.1. The Principal transfers the apartment owned by him, located at the address: , with a total area of sq.m. for use for trust management purposes to the Trustee within days after signing this Agreement, and the Principal accepts it.

1.2. The specified apartment has the following characteristics: total usable area - sq.m; living area - sq.m; number of rooms;

1.3. The Principal guarantees that at the time of concluding this Agreement the apartment is not mortgaged, is not under arrest and is not encumbered with any other obligations.

1.4. The Trustee uses the apartment during the entire term of the Agreement in accordance with its intended purpose (for living).

1.5. Ownership of the specified property is confirmed by the following documents: .

1.6. The trustee owns and disposes of the transferred residential premises solely in the interests of the owner.

1.7. The transfer of residential premises into trust management does not entail the transfer of ownership of it to the Trustee.

CONFIDENTIAL CHARACTER OF THE AGREEMENT

2.1. By concluding this Agreement, the Principal places special trust in the Trustee as the person capable of best managing the residential premises belonging to the Principal.

2.2. The Trustee, when exercising the rights and fulfilling the obligations arising from the Agreement, is obliged to act in good faith and in a manner that is best for the interests of the Principal.

2.3. The Trustee has the exclusive right to determine which method of action in relation to the managed residential premises is best from the point of view of the interests of the Trustee.

TERM OF THE AGREEMENT AND CONDITIONS FOR ITS EARLY TERMINATION

3.1. The validity period of this Agreement is determined from "" year to "" year.

3.2. The rights and obligations of the Trustee for property management arise from the moment the residential premises are transferred to the Trustee. The transfer of residential premises is carried out according to a property transfer deed signed by both parties. The deed of transfer is drawn up in two copies, one of which is handed to the Trustee of the residential premises, and the second to the Trustee.

3.3. The contract may be terminated before the expiration of the period specified in clause 3.1 if the following circumstances arise:

in case the Trustee is declared bankrupt in accordance with current legislation;
in the event of liquidation of the Trustee;
in the event that the Trustee commits actions clearly aimed at harming the interests of the Principal;
if the Trustee refuses to carry out trust management due to the impossibility for the Trustee to personally carry out trust management of the property;
by agreement of the parties;
on other grounds, if such grounds are provided for by law, this Agreement or additional agreements thereunder.

3.4. The Principal has the right to cancel the Agreement at any time, subject to payment to the Trustee of the remuneration due under the Agreement for the last month of the Agreement.

3.5. If one party refuses the Agreement, the other party must be notified no less than days before termination of the Agreement.

3.6. In the absence of an application from one of the parties to terminate the Agreement at the end of its validity period, it is considered extended for the same period and on the same conditions.

DUTIES OF THE PARTIES

4.1. The trustee is obliged:

transfer to the Trustee all benefits and income received from the trust management of the residential premises, with the exception of funds aimed at covering the costs associated with the trust management of the remuneration due to the Trustee, other payments and expenses provided for in this Agreement;
make settlements with the Principal within the time limits and in the manner established by this Agreement;
during the period of validity of this Agreement, timely make all necessary utility payments (for electricity, water, telephone and others) in the prescribed manner;
monitor the use of properly transferred property, its use in accordance with its purpose and technical features;
require tenants to comply with the rules for using residential premises, including safety rules, and take the necessary measures to ensure the safety of the apartment and the equipment installed in it;
demand that the apartment be kept in proper condition;
demand from tenants compensation for damage caused to residential premises and property installed in it due to the fault of tenants or third parties in the event of force majeure circumstances;
bear other obligations established by current legislation for tenants of residential premises;
provide a report on your activities to the Principal;

4.2. The Trustee assumes responsibility for resolving all risks associated with damage or loss, theft or premature wear of equipment installed in the apartment that occurred during the validity of this Agreement. In the event of loss or damage to equipment, the Trustee is obliged, at the expense of the tenants of the residential premises, to repair or replace the corresponding property with any other property acceptable to the Trustee, in cases of occurrence.

4.3. The Trustee is obliged to inform the Principal on all issues and circumstances related to the transferred property. Communications must be timely and complete.

SPECIAL CONDITIONS

5.1. The parties have the right to establish special conditions for property management.

5.2. Special conditions are established by an additional agreement.

5.3. The Trustee has the right to unilaterally refuse this Agreement if the special terms of trust management proposed by the Principal will differ significantly from the terms of this Agreement and will be clearly unfavorable for the Trustee or will significantly complicate the performance of his duties for trust management, including in terms of receiving profits and other income.

CALCULATIONS AND RIGHT TO REWARDS

6.1. The Trustee pays the Trustee monthly rubles.

6.2. The trustee has the right to receive remuneration in the amount of a percentage of the income received as a result of trust management. The amounts due to the Principal must be paid to him monthly, no later than the day of the month following the expired month or quarter. Payment for utilities, electricity, telephone communications, and Internet is carried out by the Trustee at the expense of the tenants of the residential premises.

6.3. The trustee has the right to full reimbursement of necessary expenses incurred by him related to the management of property from the income from the use of this property.

6.4. Funds transferred by the Trustee to the Principal are paid in cash or transferred to the current account specified in the additional agreement.

6.5. The Trustee monthly transfers to the Principal's bank account specified in the additional agreement funds in the amount of the monthly rent minus the remuneration to the Trustee and expenses for utilities, electricity, telephone communications, etc.

RIGHTS AND OBLIGATIONS OF THE TRUSTEE

7.1. The principal has the right:

check the execution of the Agreement by the Trustee and receive all information and reports submitted by the Trustee to state regulatory authorities in accordance with current legislation;
bring claims against the Trustee in the event of his violation of this Agreement in order for the court to make decisions obliging him to fulfill the Agreement and eliminate the adverse consequences of his violations;
in case of loss of confidence in the Trustee, terminate this Agreement unilaterally;
receive income from the property transferred to management minus the amounts payable to the Trustee in the form of remuneration and compensation for expenses for trust management.

7.2. The Principal is obliged to transfer to the Trustee all documents and information necessary to fulfill the obligations and exercise the rights under this Agreement.

RESPONSIBILITY OF THE PARTIES

8.1. The Trustee is liable for any harm or damage caused by him to the interests of the Principal during the management of property, with the exception of harm or damage caused by force majeure or the actions of the Principal.

8.2. Debts on obligations arising in connection with the management of property are repaid from the income received from it.

8.3. For failure to provide the premises specified in clause 1.1 of this Agreement within one day due to the Principal’s fault, the Principal shall pay a penalty in the amount of % of the remuneration amount for each day of delay.

8.4. In case of failure of the Trustee to pay within the time limits established by this Agreement, a penalty will be charged in the amount of % per day on the overdue amount for each day of delay.

8.5. Payment of the penalty (fine) established by this Agreement does not relieve the parties from fulfilling their obligations or eliminating violations.

DISPUTE RESOLUTION

9.1. Disputes arising from this Agreement shall be resolved in court, in accordance with the procedure established by law.

ADDITIONAL TERMS

10.1. This Agreement has the following annexes, which are its integral parts: .

10.2. This Agreement is made in two copies, having equal legal force and kept by the Principal and the Trustee.

ADDRESSES AND DETAILS OF THE PARTIES

Principal

Registration address:
Mailing address:
Phone fax:
Passport series, number:
Issued by:
When issued:
Signature:

Trustee

Registration address:
Mailing address:
Phone fax:
Passport series, number:
Issued by:
When issued:
Signature: