The Real Estate Joint Venture Agreement is essential for structuring property development collaborations in Indonesia, where complex regulatory requirements necessitate careful consideration of both joint venture and real estate-specific regulations. This document is typically used when two or more parties wish to combine their resources, expertise, and capital for real estate development projects while complying with Indonesian investment laws, including the Investment Law (Law No. 25 of 2007) and property regulations. It's particularly relevant for projects involving foreign investment, given Indonesia's restricted foreign ownership rules in the property sector. The agreement covers crucial elements such as land rights, development planning, capital structure, profit sharing, and management control, while ensuring compliance with local licensing requirements and ownership restrictions. It's designed to provide a comprehensive framework for the entire project lifecycle, from land acquisition through development to property management or disposition.
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1. Parties: Identification of the joint venture partners, including their legal status and registered addresses
2. Background: Context of the joint venture, including the purpose of the collaboration and brief description of the real estate project
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Joint Venture Structure: Legal structure of the joint venture, including company formation, shareholding ratios, and registration requirements
5. Capital Contributions: Details of initial and subsequent capital contributions, including land, cash, and other assets
6. Project Description: Detailed description of the real estate project, including location, scope, and development plans
7. Land Rights and Ownership: Specifics about the project land, including title status, transfer mechanisms, and ownership structure
8. Management and Control: Governance structure, including board composition, voting rights, and decision-making processes
9. Development and Construction: Construction planning, timeline, responsibilities, and quality standards
10. Financing: Project financing structure, funding obligations, and profit distribution
11. Responsibilities and Obligations: Specific duties and obligations of each party in the joint venture
12. Representations and Warranties: Standard and specific warranties given by each party
13. Risk Allocation: Distribution of risks between parties and risk management procedures
14. Term and Termination: Duration of the agreement and circumstances for termination
15. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
16. Confidentiality: Protection of confidential information and trade secrets
17. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Pre-Development Phase: Used when the project requires detailed planning and approval phases before development can commence
2. Project Marketing: Include when the agreement covers marketing and sales responsibilities
3. Environmental Compliance: Required for projects with significant environmental impact or requirements
4. Foreign Investment Provisions: Necessary when foreign investors are involved, addressing specific regulatory requirements
5. Intellectual Property Rights: Include when the project involves significant branding or proprietary technology
6. Community Relations: Important for projects requiring significant community engagement or social impact management
7. Force Majeure: Detailed provisions for unforeseen circumstances affecting project development
8. Exit Mechanisms: Detailed procedures for party exit, including buy-out provisions and valuation methods
9. Property Management: Include when the agreement covers post-development management of the property
1. Land Details: Legal description of the land, including certificates, boundaries, and existing encumbrances
2. Project Masterplan: Detailed development plans, drawings, and specifications
3. Capital Structure: Detailed breakdown of capital contributions, shareholding structure, and funding schedule
4. Development Timeline: Project phases, milestones, and completion dates
5. Financial Projections: Budget, cost estimates, and revenue projections
6. Required Permits: List of required governmental and regulatory approvals
7. Management Structure: Organizational chart and key personnel responsibilities
8. Technical Specifications: Detailed construction and quality specifications
9. Environmental Impact Assessment: Environmental studies and mitigation plans
10. Form of Shareholder Agreement: Template for the detailed shareholder agreement if separate from main JV agreement
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Property Development
Infrastructure
Hospitality
Retail
Commercial Property
Industrial Development
Urban Planning
Tourism
Mixed-Use Development
Relevant Teams
Legal
Real Estate Development
Investment
Finance
Corporate Development
Compliance
Risk Management
Project Management
Business Development
Construction Management
Property Management
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Legal Officer
Real Estate Development Director
Investment Manager
Project Director
Property Development Manager
Legal Counsel
Corporate Lawyer
Finance Director
Land Acquisition Manager
Business Development Director
Construction Manager
Risk Management Officer
Compliance Officer
Joint Venture Manager
Property Portfolio Manager
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