The Joint Venture Agreement (Real Estate) is a crucial document used when two or more parties wish to combine their resources, expertise, and capital for real estate ventures in Austria. This agreement is particularly relevant in situations involving large-scale property development, investment in commercial or residential properties, or management of significant real estate portfolios. The document, governed by Austrian law, encompasses detailed provisions for property contributions, financial commitments, management structures, and operational procedures, while ensuring compliance with Austrian real estate regulations, tax laws, and corporate requirements. It's essential for structuring complex real estate partnerships where parties want to share risks and rewards while maintaining clearly defined rights and responsibilities.
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1. Parties: Identification of the joint venture partners and their legal details
2. Background: Context of the joint venture formation and parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Formation of Joint Venture: Legal structure, name, and purpose of the joint venture
5. Property Contribution: Details of real estate assets being contributed to the venture
6. Capital Contributions: Financial and other contributions from each party
7. Ownership and Profit Sharing: Distribution of ownership interests and profit-sharing mechanisms
8. Management Structure: Governance framework, decision-making processes, and voting rights
9. Business Plan and Operations: Agreed business strategy and operational guidelines
10. Property Management: Responsibilities and procedures for managing real estate assets
11. Financial Matters: Banking, accounting, auditing, and financial reporting requirements
12. Transfer Restrictions: Limitations on transfer of interests and right of first refusal
13. Term and Termination: Duration of the joint venture and termination provisions
14. Confidentiality: Protection of confidential information and trade secrets
15. Dispute Resolution: Procedures for resolving disputes under Austrian law
16. General Provisions: Standard boilerplate clauses including governing law and notices
1. Development Projects: Include when the JV involves property development activities
2. Property Financing: Include when external financing or mortgages are part of the venture
3. Asset Management Services: Include when specific asset management arrangements are needed
4. Environmental Matters: Include when environmental risks or compliance is significant
5. Employment Matters: Include when the JV will have direct employees
6. Intellectual Property: Include when branding or proprietary systems are involved
7. Tax Structure: Include when complex tax arrangements are needed
8. Third Party Agreements: Include when significant contracts with third parties exist
9. Marketing and Branding: Include for retail or commercial properties requiring specific marketing
10. Insurance Requirements: Include when specific insurance arrangements are needed
1. Schedule 1 - Property Details: Detailed description of real estate assets including title information
2. Schedule 2 - Capital Contributions: Detailed breakdown of each party's initial and committed contributions
3. Schedule 3 - Business Plan: Detailed business plan including financial projections
4. Schedule 4 - Management Structure: Detailed governance procedures and organizational chart
5. Schedule 5 - Property Management Agreement: Terms of property management if handled internally
6. Schedule 6 - Development Timeline: Project timelines for any development activities
7. Schedule 7 - Completion Requirements: Specifications and requirements for development projects
8. Schedule 8 - Valuation Methodology: Agreed methods for property valuation
9. Schedule 9 - Reserved Matters: List of decisions requiring special approval
10. Schedule 10 - Service Providers: List of key service providers and contractors
11. Appendix A - Form of Shareholder Resolution: Template for shareholder resolutions
12. Appendix B - Property Reports: Technical and due diligence reports on properties
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