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Retail Shop Leases Regulation 2016
sec.5Prescribed particulars for prospective assignee’s disclosure statement
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### sec.5 Prescribed particulars for prospective assignee’s disclosure statement
The prescribed particulars for a disclosure statement given by a prospective assignee, in entering into the assignment, under section 22B (2) of the Act are the following—
the names of the assignor and prospective assignee;
the address of the leased shop;
the address of the prospective assignee;
if the prospective assignee is a corporation—sufficient information to identify the corporation;
the number of retail business premises leased by the prospective assignee when the disclosure statement is given;
sufficient details about the experience of the prospective assignee in retail business to demonstrate the ability of the assignee to meet the financial and other obligations of the lease;
details of anything known to the prospective assignee that may affect the ability of the assignee to meet the financial and other obligations of the lease;
details of statements or representations made by or for the assignor during the negotiations for the assignment of the lease that are being relied on by the prospective assignee in entering into the assignment;
an acknowledgement that no other material statements or representations have been made by or for the assignor to the prospective assignee about the lease or the business to be carried on in, or from, the leased shop.
The prescribed particulars for a disclosure statement given by a prospective assignee, in entering into the assignment, under section 22C (3) of the Act are the following—
the name of the lessor;
the particulars mentioned in subsection (1) (a) to (h) ;
details of statements or representations made by or for the lessor during negotiations for the assignment of the lease that are being relied on by the prospective assignee in entering into the assignment;
an acknowledgement that no other material statements or representations have been made by or for the lessor to the prospective assignee about the lease or the business to be carried on in, or from, the leased shop.
(sec.5-ssec.1) The prescribed particulars for a disclosure statement given by a prospective assignee, in entering into the assignment, under section 22B (2) of the Act are the following— the names of the assignor and prospective assignee; the address of the leased shop; the address of the prospective assignee; if the prospective assignee is a corporation—sufficient information to identify the corporation; the number of retail business premises leased by the prospective assignee when the disclosure statement is given; sufficient details about the experience of the prospective assignee in retail business to demonstrate the ability of the assignee to meet the financial and other obligations of the lease; details of anything known to the prospective assignee that may affect the ability of the assignee to meet the financial and other obligations of the lease; details of statements or representations made by or for the assignor during the negotiations for the assignment of the lease that are being relied on by the prospective assignee in entering into the assignment; an acknowledgement that no other material statements or representations have been made by or for the assignor to the prospective assignee about the lease or the business to be carried on in, or from, the leased shop.
(sec.5-ssec.2) The prescribed particulars for a disclosure statement given by a prospective assignee, in entering into the assignment, under section 22C (3) of the Act are the following— the name of the lessor; the particulars mentioned in subsection (1) (a) to (h) ; details of statements or representations made by or for the lessor during negotiations for the assignment of the lease that are being relied on by the prospective assignee in entering into the assignment; an acknowledgement that no other material statements or representations have been made by or for the lessor to the prospective assignee about the lease or the business to be carried on in, or from, the leased shop.
- (a) the names of the assignor and prospective assignee;
- (b) the address of the leased shop;
- (c) the address of the prospective assignee;
- (d) if the prospective assignee is a corporation—sufficient information to identify the corporation;
- (e) the number of retail business premises leased by the prospective assignee when the disclosure statement is given;
- (f) sufficient details about the experience of the prospective assignee in retail business to demonstrate the ability of the assignee to meet the financial and other obligations of the lease;
- (g) details of anything known to the prospective assignee that may affect the ability of the assignee to meet the financial and other obligations of the lease;
- (h) details of statements or representations made by or for the assignor during the negotiations for the assignment of the lease that are being relied on by the prospective assignee in entering into the assignment;
- (i) an acknowledgement that no other material statements or representations have been made by or for the assignor to the prospective assignee about the lease or the business to be carried on in, or from, the leased shop.
- (a) the name of the lessor;
- (b) the particulars mentioned in subsection (1) (a) to (h) ;
- (c) details of statements or representations made by or for the lessor during negotiations for the assignment of the lease that are being relied on by the prospective assignee in entering into the assignment;
- (d) an acknowledgement that no other material statements or representations have been made by or for the lessor to the prospective assignee about the lease or the business to be carried on in, or from, the leased shop.