油品销售企业收购加油站的风险防控

Risk Prevention and Control in Purchasing Gas Station by Oil Product Sales Enterprises

在叙述了收购加油站的概念、性质、法律风险及特征的基础上,提出了收购加油站法律风险的防范措施:一是根据不同情形选择签约主体;二是加强尽职调查,理清权属关系;三是核实资产数量,制作财产清单;四是制定全面的收购价格条款;五是要控制好付款节奏;六是要重视资产交接,及时做好产权过户;七是合法合规操作,回避用地风险;八是设置水电责任,确保收购后正常经营;九是做好声明承诺;十是办理资产保险,防范意外风险;十一是提供相应担保,应对出让瑕疵;十二是追究违约责任,维护合法权益。提出了收购加油站的建议。

Based on the description of the basic concept,nature of purchasing gas station,and the legal risks and characteristics,the prevention measures for legal risks were presented,such as selecting the contract subject according to different circumstances,strengthening due diligence and clarifying ownership relations,checking assets amount and making assets inventory, establishing a comprehensive purchase price clause,controlling the pace of payment,attaching importance to the transfer of assets and implementing timely transfer of property rights,operating legally and avoiding land use risks,setting up water and power supply to ensure normal operation after acquisition, making a statement of commitment,handling asset insurance and guarding against unexpected risks,providing corresponding guarantee to deal with the defect of sell,and investigating the liabilities for breach of contract and safeguarding the legitimate rights. These could provide reference suggestions for related enterprises to purchase gas stations.