Last week, the annual meeting of members of the National Association of Network Trade Participants (NAST) took place. At the conference, special attention was paid to the discussion of Federal Law-54 and the rental market. The result of the annual meeting was the presentation of BTS from NAST, compiled by the collective work of lawyers from various companies.
The business program of the meeting included the following discussion panels:
o "Online fiscalization or new business opportunities for the efficiency of business processes";
o "Rental market";
o BTS presentation (pre-contract) from NAST and a typical lease for retailers.
At the conference, special attention was paid to the discussion of the Federal Law-54, which obliges retailers to switch to a new online fiscalization system. NAST actively participates in discussions of problems related to the implementation of 54-FZ, acting as a mediator between the tax service, cash desk suppliers and retail representatives.
The association analyzed the benefits for retailers from switching to new CCPs and voiced the following vision:
o Whitewashing the market, leaving unscrupulous competitors, creating uniform conditions for all
o Clear interaction with the Federal Tax Service
o Fast online registration, re-registration of cash registers
o Uploading data from the OFD for tenants
o Refusal to print reporting forms KM1 - KM9 in showrooms
o Possibility of operational control over the work of cash registers (if the OFD has a mobile application)
o Avoiding paper checks in perspective
o Receiving aggregated analytics from CRF in the future
o Unloading checks from the OFD for any period (under lease agreements, the lessee is obliged to provide copies of cash documents at the request of the lessor)
· NAST is working on the possibility of simplifying the registration of returns in the salons (the ability not to form a cash settlement service for each case of a refund to the buyer).
The conference addressed issues of new opportunities that open up for business.
Touching on the current situation with the transition to online checkout, Alexey Krasnopolsky, product director of the company "First OFD", recalled that, according to the Federal Law-54, retailers should go to the new model KKT. They, in turn, online transmit through the fiscal data operators all information about the purchase to the Federal Tax Service. Enormous amounts of information pass through fiscal data operators and, as required by law, are transferred to the tax service. However, as noted by Alexei Krasnopolsky, you can and should work with this data without violating someone’s rights and without transferring them to third parties. “It’s just that sales data may not be as interesting as data comparable to customer information. So a business can understand who its buyer is, ”the speaker emphasized, adding that such information is very useful for targeted advertising.
Sergey Sarkisov, vice president of Novard Group of Companies, as part of his speech, he recalled that data is not a panacea. As Sarkisov noted, retailers always had data, with the exception of tools for working with them, which is part of a customer communication strategy. “Having such data, we must look at the situation through the eyes of the client and determine the tonality of communication with him, while not violating his personal space,” said Sarkisov. He also stressed that even the largest amount of data still does not say anything about the real needs of the client.
Artem Sokolov, executive director of AKIT, drew attention to the fact that the Internet ФЗ-54 works differently: as an alternative, cloud solutions are used, which include the rental of a cash register by an online store, the purchase of a fiscal drive, integration into the service and the use of an appropriate data transfer channel. But business ran into a problem: Russian legislation does not currently provide for the use of cloud solutions, and now online retailers are waiting for clarification from the authorities. Nevertheless, as the speaker emphasized, this solution can be applied in the future in the offline sector as well, when it will be possible not to issue a paper check at the request of the client, but simply send it by e-mail.
Session moderator Tikhon Smykov, CEO, Inventive Retail Group, summarized that the retailers were under some pressure due to the rush to install online cash registers. In his opinion, because of this, business misses one very important point: the state actually creates an identification space where the data on purchases is identified in relation to the data on the persons who make them. “We will ultimately be able to operate with data in terms of actually realized purchases, this is a huge step in the efficiency of communication with customers,” Smykov summed up.
The discussion "Rental Market" brought together interesting experts from all sides - developer, retailer, government, consulting.
The discussion about the rental market opened Evgeny Butman, Founder and Chairman of the Board of Directors, ideas4retailby giving the floor Ruben Harutyunyan, President of Henderson-Russia, which recalled the continuing decline in the retail market since 2014. “What happened in these three years?” The dramatic devaluation of the Russian currency by half led to a decrease in the purchasing power of the population and a decrease in cross-country ability in the shopping center. We see that the buyer is looking for goods at a discount, he no longer wants to purchase something at the first prices. Because of this, our margin is falling. This coincided with the opening of new shopping centers in the outlet format, where there is an active growth in sales and customer traffic. But in general, we understand that we do not really earn there. How can we live with this? ”Harutyunyan noted in his speech. In these conditions, retailers are considering new balanced conditions for cooperation with landlords, which will allow both retailers and landlords not to be unprofitable. As noticed Boris Katz, Director of Development, Leonardo, sales in many sectors go to the Internet and this is beginning to put significant pressure on the revenue of retail stores. The number of shopping centers continues to grow and the supply of retail space is also growing due to the introduction of new shopping centers, the development of street retail, and the reconception of old shopping centers. “A few years ago, rental rates were unacceptable for retailers and now there is a tendency to reduce them, but not all landlords are doing this, but the process is undoubtedly going on in the market as a whole,” he emphasized.
Oleg Voitsekhovsky, Managing Director of the Russian Council of Shopping Centers, recalled that during the 2008 crisis, retailers wrote a collective letter in which they asked the owners of the shopping center to reduce rental rates by a third, which the space owners could not do. Then the meeting took place, the result of which was the decision to negotiate with each tenant on monetary or other conditions individually. “Now, after the lapse of time, we see that we need to go to a new level of relations,” the speaker emphasized. He added that a very interesting solution was proposed - to sign an agreement on how market participants will move forward step by step. Developers reacted positively to this idea, noting that it was necessary to agree on a cooperation scheme in general, and then agree on specific issues - a general lease, disclosure of information and the next steps arising from the results of the previous stages. To sign an agreement Oleg Wojciechowski proposed at the international exhibition REX (draft agreement is being agreed).
Also present at the meeting Sergey Lobanov, Deputy Director of the Department of Development of Domestic Trade, Light Industry and Legalization of Product Turnover of the Ministry of Industry and Trade of the Russian Federation. He said that the market is now undergoing a spillover of market power, when “retailers are not dictating their rules, but have been heard.” Lobanov also noted the positive dynamics in the work of the Ministry with business.
Static data submitted Alexander Obukhovsky, Director of Retail Property Knight Frank, who noted that over the past 14 years, the schedule for commissioning the shopping center was almost comparable to the schedule for oil prices. So, in the 2008 year, there was a peak in supply, when a high level of oil prices was recorded, in the 2009 m those shopping centers that did not have time to pass earlier were being completed. Then the recession began in the economy, the peak of the crisis came at 2014. Then all the developers again took up the construction, becoming hostages of the consumer situation in the market. Analysts expect that by the end of the year the volume of commissioning of new shopping centers will be about 400 thousand square meters. m is one of the lowest numbers in the last few years. “The situation is not better in the USA, where the shopping center market literally died: Shopping centers and retail trade operators go bankrupt every month,” Obukhovsky said. “Shopping centers are dying, but street retail is being reborn, fashion trading is dying, but a variety of lifestyle concepts are emerging. The role of tourists in trade is growing. This is also waiting for Moscow. There are different theories, but the capital is becoming an increasingly popular destination for tourists, the role of street retail is growing, ”Alexander Obukhovsky summed up his speech.
But Evgeny Butman I did not agree with this thesis and questioned the bright future of street retail in Russia, noting that shopping centers for retailers are currently a "refuge from the storm and adversity." For example, “in Moscow there has never been such an aversion to retailers by the authorities, as it is now,” Butman emphasized. "It is difficult for businessmen to open a retail outlet, which may soon be closed for several months due to regular construction projects."
Sergey Sarkisov He noted that it is very important that each shopping center, as a standard for working with tenants, make a rating of tenants by total revenue, by revenue per square meter, as well as a category rating by type of tenant.
As already noted, NAST devotes a lot of time to work to improve the conditions for doing business within the framework of rental relations. NAST has a permanent working group and the results of the group’s work were presented. Vasily Glazov и independent lawyer Evgeniya Bulavitskaya.
BTS from NAST and a typical lease for retailers
The outcome of the annual meeting was the presentation of BTS from NAST (business terms sheet - pre-agreed commercial terms signed before the conclusion of the lease), drawn up by the collective work of lawyers from various companies. The working group was represented by Vasily Glazov, director of the legal department of Henderson-Russia Group of Companies, who said that they called the drawn up agreement iBTS - the ideal BTS. Glazov stressed that the contract takes into account the interests of retailers as much as possible in balance with the interests of lessors. “It is a list of protective conditions. The main idea of the project is to provide market participants with a legal roadmap for successful negotiations with the shopping center and for protecting the interests of retailers, ”said Glazov.
Boris Katz announced that simultaneously with the development of BTS, a second working group, led by independent lawyer Evgenia Bulavitskaya, was working, which prepared the lease itself, and it is now available for the entire market. Much attention in the agreement is paid not only to legal issues, but to practical aspects, such as interaction between tenants and shopping centers in marketing, work with monopoly companies that provide services in a shopping center and many other issues of practical interaction between retailers and landlords.