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Offering Memorandum (Real Estate)

Offering Memorandum (Real Estate) Template for Switzerland

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Key Requirements PROMPT example:

Offering Memorandum (Real Estate)

"I need a Real Estate Offering Memorandum for a luxury hotel development in Zurich, targeting qualified institutional investors with a minimum investment of CHF 10 million, with the offering planned for March 2025; the document must comply with Swiss FINMA regulations and include specific provisions for international investors."

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Document background
The Offering Memorandum (Real Estate) is a crucial document in Swiss real estate transactions, particularly when seeking investment from multiple investors or institutional parties. It is typically used when offering significant real estate assets or portfolios to the market, whether through direct property ownership or structured investment vehicles. The document must comply with Swiss financial regulations, including FINMA guidelines and the Federal Act on Financial Services (FinSA), while addressing specific requirements of Swiss real estate law, including Lex Koller restrictions for foreign investors. The memorandum serves as the primary disclosure document, combining detailed property information, market analysis, financial data, risk factors, and legal considerations, making it essential for both domestic and cross-border real estate investments in Switzerland.
Suggested Sections

1. Important Notice and Disclaimer: Legal disclaimers, jurisdiction restrictions, and regulatory statements required under Swiss law

2. Executive Summary: Overview of the investment opportunity, key highlights, and summary of the offering terms

3. Investment Highlights: Key value propositions and competitive advantages of the property investment

4. Property Description: Detailed information about the property, including location, specifications, condition, and amenities

5. Market Overview: Analysis of the relevant real estate market, including trends, demographics, and competitive landscape

6. Financial Information: Historical and projected financial performance, including rental income, operating expenses, and valuations

7. Investment Structure: Legal structure of the investment, ownership details, and investment vehicle information

8. Terms of the Offering: Detailed terms and conditions of the investment offering, including pricing, minimum investment, and subscription process

9. Risk Factors: Comprehensive disclosure of investment risks, including market, regulatory, and property-specific risks

10. Management: Information about the property management team and their track record

11. Regulatory Considerations: Overview of relevant Swiss regulations, including Lex Koller implications and compliance requirements

12. Tax Considerations: Summary of relevant Swiss tax implications for investors

13. Subscription and Transfer Restrictions: Details of who can invest and restrictions on transfer of interests

Optional Sections

1. Environmental Assessment: Detailed environmental analysis and sustainability features, included when the property has significant environmental aspects or certifications

2. Development Potential: Analysis of potential property development opportunities, included when the property has unutilized development rights

3. Tenant Profile: Detailed information about existing tenants, included when the property is currently leased

4. Financing Options: Information about available financing arrangements, included when specific financing options are being offered

5. Exit Strategy: Detailed discussion of potential exit opportunities, included when specific exit scenarios are contemplated

6. Property Management Agreement: Details of property management arrangements, included when external property management is a key feature

7. Insurance Coverage: Details of property insurance arrangements, included when specific insurance features are relevant to the investment decision

Suggested Schedules

1. Property Photos and Plans: Detailed photographs, floor plans, and site plans of the property

2. Title Documentation: Extract from the land registry and relevant title documents

3. Financial Statements: Historical financial statements and projections

4. Property Valuation Report: Independent professional valuation report

5. Technical Due Diligence Report: Detailed technical assessment of the property's condition

6. Legal Due Diligence Report: Summary of legal due diligence findings

7. Subscription Documents: Forms and documents required for investment subscription

8. Zoning and Planning Documents: Relevant zoning certificates and planning permissions

9. Service Agreements: Summary of material service contracts and agreements

10. Environmental Certificates: Copies of environmental and energy performance certificates

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions



































































Clauses









































Relevant Industries

Real Estate

Investment Management

Commercial Property

Residential Property

Industrial Property

Retail Property

Hospitality

Mixed-Use Development

Real Estate Investment Trusts (REITs)

Property Development

Asset Management

Financial Services

Commercial Banking

Investment Banking

Professional Services

Relevant Teams

Legal

Investment

Real Estate

Finance

Compliance

Risk Management

Asset Management

Investment Relations

Due Diligence

Property Management

Portfolio Management

Business Development

Transaction Advisory

Research & Analysis

Relevant Roles

Real Estate Investment Manager

Property Director

Chief Investment Officer

Legal Counsel

Investment Analyst

Financial Director

Asset Manager

Fund Manager

Property Manager

Compliance Officer

Risk Manager

Investment Relations Manager

Portfolio Manager

Transaction Manager

Development Director

Chief Financial Officer

Real Estate Analyst

Due Diligence Manager

Industries








Teams

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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