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Concerning the Law on Transfer of Ownership of Agricultural Holdings

Law CXLIII of 2021 on the transfer of agricultural holdings has been published. A law aimed at facilitating the transfer of the farm of older farmers within a single legal transaction. This law will go into effect on January 1, 2023, so it has given the legislature enough time to prepare for the law.

However, it is advisable for those concerned to be aware of the provisions as soon as possible so that the relationship between economic actors and economic operators can be properly formed.

The “principal actors” are the transferee and the transferee

The transferor may be the only owner who has reached retirement age or has reached retirement age up to 5 years and has been engaged in agricultural, forestry or additional activities for at least 10 years in his own name and in his own name. Risks, approved sales revenue. Moreover, the used agricultural and forest land specified in the farm transfer contract is more than
Three-quarters of the land is a land user registered with the Land Use Register for at least 5 years, a forest manager registered with the Forest Management Register for at least 5 years, or a business owner so registered.

It is clear from this that the law seeks to simplify the transfer of farms belonging to the older generation who are truly active in agriculture, thus ensuring the continuity of an efficient economy in this way.

The transferee may be a sole proprietor of at least ten years of age from the transferee who has not yet reached the age of fifty, is an essential agricultural product or is engaged in agricultural or forestry activities, and meets the conditions laid down by law to operate the possession to be taken and is in a series of Relatives specified by law or have had a business or other business relationship with the transferee for at least 7 years.

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As you can see, the law The aim is to ensure that the movable possession does not have to be handed over again in the short term, And the transfer should be between parties who know each other, have a trusting relationship with each other, family members or people who have worked together for a long time.

The transfer of possession may take the form of a contract of sale, gift, maintenance or annuity, or a combination thereof, or the transfer of land owned or used by the transferor to the transferee, who shall provide any consideration for the use. Only close relatives may enter into a gift, maintenance or annual transfer contract with each other. During the transfer of possession, land ownership and maximum tenure must be taken into account by the transferee, but priority rights do not need to be applied according to different legal acts.

The transfer of tenure can only be complete and not partial, and the transfer must be omitted from the various agricultural records.

For each activity subject to the license, the transferee becomes the legal successor to the transferor, i.e. these authorizations must be transferred to the name of the transferee, provided that the transferee abides by the legal provisions of each authorization. In the event of non-compliance, the permit must be amended.

An item-item transfer contract must list the items of possession, the rights and obligations associated with them, and the exact value of each item. The contract must be recorded in a public document or in a private document signed by a lawyer and approved by the Agricultural Administration. In the course of the proceedings, the agricultural administration checks whether the parties and the contract itself comply with the law.

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A special case of transfer of ownership is when the two parties cooperate for the joint operation of the holding for a maximum period of 5 years.

In this case, the contract must specify the term of cooperation, the rights and obligations of each party, the bearing of costs and the extent of the profit share. Ownership of reservation permits for the transferee at the end of the cooperation period on its last day.

There are still months left for the law to come into effect, at which time an executive regulation with detailed rules is expected to be published. In any case, those who are considering relocating or taking over an economy can already start drafting their contracts.