The Real Estate Investment Partnership Agreement is a crucial document used when two or more parties wish to establish a formal partnership for real estate investment activities in Belgium. It is particularly relevant in the context of the Belgian real estate market, which is characterized by its strong regulatory framework and regional variations. This agreement type is essential for structuring joint investments in commercial, residential, or industrial properties, providing a comprehensive framework for capital contributions, profit sharing, management responsibilities, and exit provisions. The document must comply with Belgian partnership laws, real estate regulations, and financial services requirements, while also addressing specific regional considerations in Flanders, Wallonia, or Brussels-Capital Region. It serves as the foundational document for the partnership's operations and governs all aspects of the real estate investment venture.
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1. Parties: Identification of all partners, their legal status, and contact details
2. Background: Context of the partnership formation and investment objectives
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Partnership Structure: Legal form of partnership, registration details, and duration
5. Capital Contributions: Initial and subsequent capital contributions, valuation methods
6. Property Investment Strategy: Investment criteria, target properties, and geographic scope
7. Management and Administration: Partnership management structure, roles, and responsibilities
8. Decision Making: Voting rights, major decisions requiring consensus, meeting procedures
9. Financial Provisions: Profit sharing, loss allocation, distribution policy
10. Property Management: Day-to-day management, maintenance responsibilities, service providers
11. Transfer of Interests: Rules for transferring partnership interests, right of first refusal
12. Exit Mechanisms: Partnership termination, property disposal, partner withdrawal procedures
13. Representations and Warranties: Partner declarations regarding capacity, authority, and compliance
14. Governing Law and Jurisdiction: Belgian law application and dispute resolution procedures
1. Development Projects: Include when partnership involves property development activities
2. Financing Arrangements: Include when external financing or mortgages are part of the strategy
3. Environmental Compliance: Include for properties with specific environmental considerations
4. Asset Manager Provisions: Include when external asset management is utilized
5. Tax Structure: Include when specific tax optimization structures are implemented
6. Foreign Investment Provisions: Include when non-Belgian partners are involved
7. Regional Specific Provisions: Include requirements specific to Belgian regions (Flanders, Wallonia, Brussels)
1. Schedule 1 - Property Details: Description and details of initial investment properties
2. Schedule 2 - Capital Contributions: Detailed breakdown of partner contributions
3. Schedule 3 - Business Plan: Detailed investment strategy and financial projections
4. Schedule 4 - Management Structure: Organizational chart and management procedures
5. Schedule 5 - Fee Structure: Management fees, performance fees, and other costs
6. Schedule 6 - Valuation Methodology: Agreed methods for property and interest valuation
7. Schedule 7 - Due Diligence Requirements: Standard requirements for property acquisition
8. Appendix A - Partner Information: Detailed information about each partner
9. Appendix B - Compliance Procedures: Anti-money laundering and regulatory compliance procedures
10. Appendix C - Required Notices: Templates for formal notices under the agreement
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