Focus on energy storage
The energy storage industry is not a completely new industry and there have been short lived booms before.
Law No. 49-16 on immovable leases or premises located for commercial, industrial and artisanal purposes was published in the Official Gazette No.6490 of August 11th, 2016. It entered into force only six months after its publication in Official Gazette, i.e. on February 11th, 2017. It applies to current leases, all matters related to commercial leases and to all lease-related litigations pending before courts at the date of its entry into force.
This new law repeals provisions of the Dahir of May 24th, 1955 on immovable leases or premises leased for commercial, industrial or artisanal purposes1 as well as the provisions of article 112 of law no.15-95 creating the Commercial Code. This constitutes a radical change given that the Dahir of May 24th, 1955 in its original version had governed the tenant/landlord relationships regarding commercial premises until February 2017.
The main contributions of the new text are the following:
This is a significant change to the Dahir of 24th May 1955 which entitled the State to exclude as landlord the application of the Dahir upon express stipulation.
The change relating to private clinics, pharmaceutical laboratories and similar organizations is also significant, although in consistency with the current liberalization of the health sector.
This is one of the major changes of the new law. The leases of premises located in shopping centres are no longer subject to the commercial lease status. The parties are now free to agree the terms of the contract subject to common law of leases agreement (i.e. articles 627 and seq. of the DOC), which is quite ironic as one of the purposes of the new law was to change and modernize the legal frame of the lease located in shopping centres and, for that purpose, the new law now refers to the archaic provisions of the DOC adopted in 19132. The issue of whether or not premises located in a shopping centre must be subject to the commercial lease status was usually solved by the determination of the existence of clients attached to the business operated in the premises. Now, the leases commercial status is denied to all the tenants of shopping centres, regardless of the existence of clients attached to their own business. This change should satisfy the owners of shopping centres as they will be entitled to review freely the terms on the on-going leases upon their expiry, unless this lack of status and legal protection for tenants results in the decrease of the rental market value of premises located in shopping centre.
The provision does not specify unfortunately whether the three months of unpaid rent are aggregated during the term of the lease or must be consecutive.
Incidentally, it must be noted that not all upfront payments made before or at the start of the lease must be qualified as pas de porte. Indeed, some amounts may still be paid in exchange of services rendered by the landlord to promote the premises and real estate complex in which the premises are located, in which case such payment is not a pas de porte.
The tenant can broaden the commercial use of premises to activities not specified in the lease under the condition (i) that these activities are not inconsistent with the purpose and characteristic of the building and (ii) these activities do not jeopardize the security of the building.
The new law provides for new rules applicable to premises abandoned by the tenant. In case the tenant does not pay the rent and abandons the premises for more than six months, the landlord may seek an order in summary proceeding from the President of the Tribunal to terminate the lease and recover possession of the premises.
Originally widely inspired by a combination of the French law of 30 June 1926 and of the Decree of 30 September 1953 on commercial leases
e.g. see article 641 referring to clean-up of water well
The maritime industry is bracing itself, who is ready for IMO 2020; and who is not?