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Investment Contract for New Zealand

Investment Contract Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions of an investment transaction between investors and the recipient entity. The document incorporates essential provisions required under the Financial Markets Conduct Act 2013 and related New Zealand legislation, detailing investment amount, securities issued, investor rights, governance provisions, exit mechanisms, and protective clauses. It includes specific compliance requirements for New Zealand-based investments while accommodating both domestic and international investment scenarios.

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What is a Investment Contract?

The Investment Contract serves as a fundamental legal instrument for structuring investment transactions in New Zealand. It is primarily used when an investor (individual or entity) commits capital to a business or project in exchange for equity, debt securities, or other financial instruments. The document must comply with New Zealand's regulatory framework, particularly the Financial Markets Conduct Act 2013, and includes crucial elements such as investment terms, governance rights, investor protections, and exit mechanisms. This contract type is essential for both domestic and foreign investments in New Zealand, requiring careful consideration of overseas investment regulations when foreign investors are involved. The document typically incorporates jurisdiction-specific requirements while maintaining flexibility to accommodate various investment structures and sector-specific considerations.

What sections should be included in a Investment Contract?

1. Parties: Identification of all parties to the investment contract, including full legal names and addresses

2. Background: Context of the investment opportunity and purpose of the agreement

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Investment Terms: Specific details of the investment including amount, type of security or interest being acquired

5. Payment Terms: Details of how and when the investment amount will be paid

6. Representations and Warranties: Statements of fact and promises made by each party regarding their capacity, authority, and circumstances

7. Rights and Obligations: Detailed description of each party's rights and responsibilities under the agreement

8. Governance Rights: Investor's voting rights and participation in management decisions

9. Information Rights: Investor's rights to receive financial and operational information

10. Transfer Restrictions: Limitations on the transfer of investment interests

11. Exit Provisions: Mechanisms for investor exit including tag-along and drag-along rights

12. Confidentiality: Obligations regarding confidential information

13. Dispute Resolution: Procedures for resolving disputes between parties

14. General Provisions: Standard contractual provisions including governing law, notices, and amendments

What sections are optional to include in a Investment Contract?

1. Pre-emptive Rights: Right of first refusal on future share issues - include for minority shareholders in private companies

2. Tag-Along Rights: Right to join in sale of majority stake - important for minority investor protection

3. Board Appointment Rights: Rights to appoint directors - include for significant investments

4. Anti-dilution Protection: Protection against dilution from future capital raises - important for venture capital investments

5. Dividend Rights: Special provisions regarding dividend payments - include for preference shares

6. Conversion Rights: Rights to convert securities - include for convertible instruments

7. Restrictive Covenants: Restrictions on company activities - include for significant investments

8. Co-Sale Rights: Rights to participate in future sales - important for minority shareholders

What schedules should be included in a Investment Contract?

1. Investment Details: Detailed breakdown of investment amount, valuation, and securities issued

2. Shareholders Agreement: Terms governing relationship between shareholders if applicable

3. Company Information: Key company information including corporate structure and financial statements

4. Disclosure Schedule: Detailed disclosures relating to representations and warranties

5. Required Consents: List of required regulatory and third-party consents

6. Key Performance Indicators: Specific performance metrics relevant to the investment

7. Compliance Certificates: Required regulatory and compliance certifications

8. Form of Share Certificate: Template for share certificates if physical certificates are to be issued

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions













































Clauses






































Relevant Industries

Financial Services

Technology

Real Estate

Infrastructure

Healthcare

Agriculture

Manufacturing

Renewable Energy

Mining

Retail

Education

Professional Services

Tourism

Transport and Logistics

Relevant Teams

Legal

Finance

Compliance

Risk Management

Corporate Development

Investment

Board of Directors

Executive Leadership

Company Secretariat

Treasury

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Investment Manager

Legal Counsel

Corporate Lawyer

Investment Analyst

Finance Director

Company Secretary

Compliance Officer

Risk Manager

Business Development Manager

Portfolio Manager

Investment Director

Managing Director

Board Director

Industries








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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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