The Investment Contract is a crucial document used in Austrian investment transactions to formalize the terms and conditions under which an investor provides capital to a business entity. It is designed to comply with Austrian legal requirements, including the Capital Market Act (KMG), Securities Supervision Act (WAG), and relevant corporate laws. This document is essential when structuring investments in Austrian companies, whether through equity, debt, or hybrid instruments. It includes detailed provisions on investment terms, shareholder rights, governance structures, exit mechanisms, and regulatory compliance requirements. The contract is particularly important for documenting investment relationships, protecting investor rights, and ensuring regulatory compliance in the Austrian market. It can be adapted for various investment scenarios, from venture capital and private equity investments to strategic corporate investments and private placements.
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1. Parties: Identification of the investor(s) and investee company/entity
2. Background: Context of the investment and brief description of the business
3. Definitions: Definitions of key terms used throughout the agreement
4. Investment Amount and Terms: Specification of investment amount, valuation, and investment structure
5. Closing Conditions: Conditions precedent to investment closing
6. Representations and Warranties: Statements of fact by both parties about their capacity and authority
7. Rights and Obligations: Key rights and obligations of all parties
8. Information Rights: Investor's rights to receive financial and other information
9. Transfer Restrictions: Limitations on transfer of investment instruments
10. Exit Rights: Provisions regarding exit mechanisms and procedures
11. Confidentiality: Confidentiality obligations and permitted disclosures
12. Notices: Communication procedures between parties
13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
14. Miscellaneous: Standard boilerplate provisions
1. Board Representation: Used when investor receives board seats - specifies appointment rights and procedures
2. Veto Rights: Include for significant investments where investor requires specific veto powers
3. Anti-dilution Protection: Include for equity investments to protect against future dilution
4. Tag-Along Rights: Optional protection for minority investors to join in sale transactions
5. Drag-Along Rights: Include for majority investors to force minority participation in exits
6. Conversion Rights: Required for convertible investments or preferred shares
7. KYC Requirements: Detailed section needed for regulated investments or when required by FM-GwG
8. Tax Provisions: Detailed tax provisions when specific tax structures are relevant
9. Consumer Protection Clauses: Required when dealing with retail investors under KSchG
1. Investment Instrument Terms: Detailed terms of shares, notes, or other investment instruments
2. Capitalization Table: Current and post-investment capital structure
3. Business Plan: Company's business plan and financial projections
4. Risk Factors: Detailed disclosure of investment risks per KMG requirements
5. Corporate Documents: Copies of relevant corporate documents and registrations
6. Required Approvals: List of required regulatory or corporate approvals
7. Form of Shareholders' Resolution: Template for required corporate approvals
8. KYC Documentation: Required investor identification and verification documents
9. Compliance Certificates: Required regulatory and compliance confirmations
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Real Estate
Manufacturing
Healthcare
Energy
Infrastructure
Consumer Goods
Professional Services
Telecommunications
Biotechnology
Clean Technology
E-commerce
Software
Industrial
Agriculture
Entertainment
Relevant Teams
Legal
Finance
Investment
Corporate Development
Compliance
Risk Management
Corporate Governance
Treasury
Business Development
Executive Leadership
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Investment Manager
Legal Counsel
Corporate Lawyer
Investment Director
Fund Manager
Venture Capital Partner
Private Equity Manager
Corporate Development Manager
Business Development Director
Financial Controller
Compliance Officer
Risk Manager
Board Member
Company Secretary
Investment Analyst
Portfolio Manager
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