TRADERS & BUSINESS TRANSFERS
Buying, selling or leasing a business in Tunisia.
Planning to acquire a trading business, sell your operation or lease it to an operator? I draft the agreement, handle the agreed legal formalities and represent you if ownership or the right to operate is disputed.
LEGAL SERVICES
The agreement, the formalities and your rights in the business.
The Tunisian fonds de commerce concerns a trading business and its relevant assets. It must be distinguished from the premises themselves and from a purchase of shares in a company.
Acquisition and sale
I prepare or review the preliminary agreement and transfer contract. The work includes examining the seller’s rights, assets included, registered interests, the premises lease and payment arrangements.
Leasing the business
I draft the operating lease, addressing its scope, rent, each party’s obligations and the return of the business. The lease of the premises is considered separately from the lease of the fonds de commerce.
Legal notices and formalities
I prepare notices and handle the agreed publication steps in the Tunisian Official Gazette and daily newspapers. Registration, registry and notification requirements are checked for the particular transaction.
Ownership and recovery disputes
If another party disputes your rights in the business or its return, I examine the documents and represent your position in the resulting dispute.
Lease renewal and eviction claims
I review the premises lease and applicable conditions when renewal is refused or an eviction claim arises. Entitlement to compensation and the basis of a challenge require examination of the case.
Disputes after completion
Unpaid price, disputed obligations, the end of an operating lease or return of the business: I advise on the exchanges and represent you where proceedings are needed.
WHEN YOU CAN CONTACT ME
You have identified a business to acquire and need advice before signing.
You want to lease your business to an operator while retaining ownership.
Ownership or continued operation of the business is disputed.
WORKING TOGETHER
Establish what is being transferred before committing.
We first distinguish the business operation, the leasehold rights, equipment, premises and any company shares. The legal work depends on what the proposed transaction actually transfers.
We then discuss the price, takeover date, contractual protections, relationship with the landlord and documents to be delivered. I explain the proposed obligations before you sign.
The engagement can cover the agreement and the subsequent formalities. We specify the work, fees and communication arrangements, including how to proceed if you are outside Tunisia.
About the firmBEFORE YOUR APPOINTMENT
Practical questions.
Is a fonds de commerce the same as commercial real estate?
No. Acquiring the trading business does not, by itself, mean acquiring the premises. The transaction and the right to occupy the premises must be examined separately.
Can the firm arrange publication of legal notices?
Yes. The engagement can include preparing and following the required notices. The publications and other formalities are checked for the sale, operating lease or termination concerned.
Is eviction compensation automatic?
No. The applicable lease regime, entitlement claimed, grounds for refusal and notices must be examined before advising on compensation or a challenge.
Legal references for this service
- Code de commerce tunisien — fonds de commerce ↗Ministère de la Justice / IORT
- العلاقة بين المسوغين والمتسوغين للمحلات التجارية ↗وزارة العدل
Maître Maher Somai
Discuss your business acquisition or lease in Tunisia.
Tell the firm whether you are buying, selling, leasing or facing a dispute, and mention any proposed signing date.