The Real Estate Partnership Agreement is a crucial document used when two or more parties wish to establish a formal partnership for real estate investment or development activities in Switzerland. It is particularly relevant for joint ventures, investment consortiums, or long-term real estate collaboration projects. The agreement must comply with Swiss federal laws, including the Code of Obligations (OR) and Civil Code (ZGB), while also considering cantonal regulations and the Lex Koller for foreign investments. This document typically includes detailed provisions on capital structure, profit sharing, management rights, property administration, and exit mechanisms, making it essential for both domestic and international real estate investments in Switzerland. It serves as the foundational document governing the relationship between partners and their rights and obligations regarding the real estate assets.
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1. Parties: Identification and details of all partnership parties
2. Background: Context of the partnership formation and property investment intentions
3. Definitions: Defined terms used throughout the agreement
4. Partnership Structure: Legal form of partnership and ownership structure
5. Property Details: Specific information about the real estate assets involved
6. Capital Contributions: Initial and ongoing capital commitments from each partner
7. Ownership and Profit Sharing: Distribution of ownership interests and profit-sharing arrangements
8. Management and Decision Making: Governance structure and decision-making processes
9. Financial Management: Handling of accounts, expenses, and distributions
10. Transfer Restrictions: Limitations on transfer of partnership interests
11. Exit Provisions: Terms for partner withdrawal or partnership dissolution
12. Representations and Warranties: Standard declarations by all parties
13. Notices: Communication procedures between partners
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
15. General Provisions: Miscellaneous legal provisions including severability and entire agreement
1. Foreign Investment Provisions: Required when any partner is not Swiss, addressing Lex Koller compliance
2. Development Rights: Include when the partnership plans property development activities
3. Property Management: Required when the partnership will manage properties directly
4. Financing Arrangements: Include when external financing or mortgages are involved
5. Environmental Provisions: Required for properties with environmental considerations or risks
6. Tax Structure: Include detailed tax arrangements when complex tax planning is involved
7. Right of First Refusal: Optional provisions for partner purchase rights
8. Dispute Resolution: Alternative dispute resolution procedures if desired beyond standard court jurisdiction
1. Property Schedule: Detailed description of real estate assets, including land register details
2. Capital Contributions Schedule: Detailed breakdown of each partner's contributions
3. Partner Information: Detailed information about each partner, including contact details
4. Management Procedures: Detailed operational procedures and responsibilities
5. Financial Procedures: Accounting policies and financial management procedures
6. Property Valuation: Initial property valuations and valuation methodology
7. Due Diligence Reports: Summary of property due diligence findings
8. Insurance Requirements: Required insurance coverage for properties and partnership
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Investment Management
Asset Management
Property Management
Commercial Real Estate
Residential Real Estate
Real Estate Investment
Urban Development
Hospitality
Retail Property
Relevant Teams
Legal
Real Estate
Investment
Asset Management
Property Management
Finance
Compliance
Business Development
Risk Management
Operations
Due Diligence
Relevant Roles
Real Estate Investment Manager
Property Development Director
Legal Counsel
Investment Partner
Asset Manager
Property Manager
Chief Investment Officer
Real Estate Portfolio Manager
Development Manager
Partnership Director
Real Estate Analyst
Investment Director
Chief Financial Officer
Real Estate Attorney
Compliance Officer
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