The Memorandum of Association of a Real Estate Company is a crucial incorporation document required when establishing a real estate business entity in the United States. This document outlines the company's fundamental structure, objectives, and operational scope, ensuring compliance with both federal regulations and state-specific requirements. It serves as the primary reference for shareholders, investors, and regulatory authorities, defining the company's powers and limitations in real estate operations. The memorandum is particularly important for real estate companies as it must address specific industry requirements, property holding capabilities, and investment structures.
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1. Name Clause: States the company's official name and any trading names
2. Registered Office: Specifies the company's registered address and principal place of business
3. Objects Clause: Details the company's permitted business activities in real estate and related operations
4. Liability Clause: Defines the limitations of member liability and corporate structure
5. Capital Clause: States authorized share capital, share classes, and capital structure
6. Directors and Management: Outlines the management structure and director appointment procedures
7. Meetings and Voting Rights: Details procedures for shareholder meetings and voting mechanisms
1. Foreign Investment Provisions: Special provisions regarding foreign ownership and FIRPTA compliance
2. REIT Qualification Clauses: Specific provisions required if the company intends to qualify as a Real Estate Investment Trust
3. Special Purpose Vehicle Provisions: Additional clauses for SPV structure if required for specific real estate projects
4. Property Management Provisions: Specific clauses relating to property management if company will manage properties directly
1. Schedule A - Share Capital Structure: Detailed breakdown of share classes, rights, and initial allocation
2. Schedule B - Initial Subscribers: List of founding members and their respective shareholdings
3. Schedule C - Property Assets: Initial property portfolio or assets if any at incorporation
4. Schedule D - State Compliance Forms: Required state-specific forms and declarations for real estate operations
5. Schedule E - Management Structure: Detailed organizational chart and management responsibilities
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