The Real Estate Joint Venture Agreement is a crucial document used when two or more parties wish to combine their resources, expertise, and capital for real estate ventures in Switzerland. This agreement is particularly important given Switzerland's strict regulatory environment, including the Lex Koller restrictions on foreign investment in real estate. The document outlines the structure of the collaboration, including capital contributions, profit-sharing arrangements, management responsibilities, and exit strategies. It addresses specific requirements of Swiss property law, cantonal regulations, and corporate governance requirements. The agreement is essential for large-scale real estate projects, property development ventures, or investment partnerships where parties need a clear framework for their collaboration while ensuring compliance with Swiss legal requirements.
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1. Parties: Identification of the joint venture partners, including full legal names, registration details, and addresses
2. Background: Context of the joint venture, including the purpose and objectives of the collaboration
3. Definitions: Definitions of key terms used throughout the agreement
4. Formation of Joint Venture: Legal structure of the JV, registration requirements, and initial formalities
5. Purpose and Scope: Detailed description of the real estate project(s) and permitted activities
6. Capital Contributions: Initial and subsequent capital contributions, including real estate assets, cash, and other resources
7. Ownership and Shareholding: Distribution of ownership interests and shares between parties
8. Management and Control: Governance structure, decision-making processes, and management responsibilities
9. Real Estate Specific Provisions: Provisions relating to property management, development, and operations
10. Financial Matters: Budget, accounting, distributions, and financial reporting requirements
11. Transfer Restrictions: Limitations on transfer of interests and real estate assets
12. Exit Provisions: Mechanisms for exit, including buy-sell provisions and property disposal
13. Term and Termination: Duration of the joint venture and termination circumstances
14. Confidentiality: Protection of confidential information and trade secrets
15. Governing Law and Jurisdiction: Swiss law provisions and jurisdiction for dispute resolution
16. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. Development Rights and Obligations: Specific provisions for real estate development projects, including construction and project management
2. Financing Arrangements: Detailed provisions for external financing, including security arrangements and guarantees
3. Property Management Services: Specific provisions if one partner will provide property management services
4. Environmental Matters: Special provisions for environmental compliance and responsibilities
5. Intellectual Property Rights: Required if the JV involves branded properties or specific IP rights
6. Employment Matters: Provisions regarding employees and contractors if the JV will have direct employees
7. Tax Structure: Detailed tax planning provisions for complex structures
8. Insurance: Specific insurance requirements beyond standard coverage
9. Force Majeure: Extended force majeure provisions for specific risk scenarios
1. Property Details: Detailed description of real estate assets, including land registry details
2. Initial Business Plan: Detailed business plan including financial projections and timelines
3. Capital Contributions Schedule: Detailed breakdown of each party's initial and committed contributions
4. Management Structure: Organizational chart and detailed management procedures
5. Reserved Matters: List of decisions requiring special approval or unanimous consent
6. Property Management Agreement: Terms of property management if applicable
7. Development Budget: Detailed construction or development budget if applicable
8. Service Level Agreements: Standards for property management and maintenance
9. Shareholders Agreement: Detailed shareholders' rights and obligations
10. Form of Transfer Deed: Template for property transfer documents
11. Insurance Requirements: Detailed insurance specifications and requirements
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property Development
Residential Property Development
Construction
Property Investment
Property Management
Real Estate Finance
Infrastructure Development
Hospitality
Retail Property
Industrial Property
Mixed-use Development
Relevant Teams
Legal
Real Estate
Investment
Development
Asset Management
Finance
Risk & Compliance
Corporate Development
Property Management
Construction
Strategy
Mergers & Acquisitions
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Real Estate Director
Development Director
Investment Manager
Asset Manager
Property Manager
Legal Counsel
Corporate Lawyer
Real Estate Partner
Investment Director
Head of Real Estate
Project Manager
Risk Manager
Compliance Officer
Transaction Manager
Portfolio Manager
Construction Manager
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