Legal advice to a novice restaurateur

December 14 partner Bargen Law Firm Andriy Gevko spoke at the training "How to open a cafe, bar, restaurant"which conducted by a consulting company Bureau Business Ideas.

Andrew's speech consisted of several blocks. The opening of the restaurant begins with the search for premises, equipment, repairs and other necessary work. Therefore, the first block was devoted to the topic of renting a room for a cafe.

Before renting a room, be sure to check whether it is under arrest or in a mortgage. To do this, get a certificate from the State Register of Real Property Rights. Pay attention to the lease term. If you rent a room for 3 years or more, the contract must be certified by a notary. In the contract itself it is necessary to prescribe the conditions of revision of the rent, receipt and return of the premises, repair work and extension of the contract.

Andriy Gevko

The speaker also gave practical advice to participants on what to look for when concluding various contracts: contracts for repairs, sales, marketing or design services. From his own experience, Andriy told about cases when a poorly written contract caused losses to the business of his clients and advised that it is necessary to specify in the contract:

Record in the contract all cases of transfer of funds. No prepayments without a contract or receipt. In the contract itself, clearly state the grounds and procedure for returning the prepayment. Be sure to write down all oral agreements in the contract.

Andriy Gevko

The speaker also shared life hacks of checking counterparties before concluding contracts. Andrew showed how to properly use open registers and where to get information about the activities of the counterparty. IN Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations you can find out the founders of the counterparty, the authority of the person concluding the contract, whether the counterparty is not bankrupt and whether there are no enforcement proceedings against him.  IN Unified State Register of Court Decisions you can check whether your counterparty has performed his duties in good faith in the past or, conversely, he has many courts with deceived customers.

After this block, the participants of the training had a practical task. In groups it was necessary to analyze short blanks of contracts and to find hidden shortcomings in them.

After the group work, Andriy told about the permits for outdoor advertising, the procedure for trademark registration, concluding agreements with collective management organizations and franchising agreements.

You can view Andriy's presentation at the following link: https://goo.gl/sTsZW6

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