The Sale And Leaseback Contract is a strategic financial instrument used when an organization wishes to release capital from its real estate assets while retaining operational use of the property. This document type, structured under Swiss law, enables companies to improve their balance sheet position and obtain financing while maintaining business continuity. It is particularly valuable for companies seeking to optimize their real estate portfolio, reduce debt, or fund expansion plans. The contract must carefully balance Swiss property transfer requirements, tenancy regulations, and tax implications. It typically includes detailed provisions for both the sale transaction and the subsequent lease arrangement, ensuring compliance with cantonal and federal requirements. This document type is especially relevant in the current Swiss market where real estate monetization and efficient capital deployment are key strategic considerations for businesses.
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1. Parties: Identification of the seller-lessee and buyer-lessor
2. Background: Context of the transaction and property overview
3. Definitions: Defined terms used throughout the agreement
4. Sale Agreement: Terms of the property sale including price, payment terms, and transfer mechanics
5. Property Details: Detailed description of the property being sold and leased back
6. Purchase Price: Amount, payment terms, and any adjustments
7. Conditions Precedent: Conditions that must be satisfied before completion
8. Completion: Process and requirements for completing the sale
9. Lease Terms: Key terms of the leaseback arrangement including duration and rent
10. Rent and Payment Terms: Rental amount, payment schedule, and review mechanisms
11. Property Use and Maintenance: Rights and obligations regarding property usage and upkeep
12. Insurance and Risk: Insurance requirements and risk allocation
13. Assignment and Subletting: Rights and restrictions regarding transfer of rights
14. Default and Termination: Events of default and termination rights for both aspects
15. Representations and Warranties: Statements of fact and assurances from both parties
16. Tax Provisions: Allocation of tax responsibilities and VAT treatment
17. Governing Law and Jurisdiction: Swiss law application and dispute resolution
18. Notices: Communication requirements and contact details
1. Environmental Provisions: Required for properties with potential environmental issues or specific requirements
2. Planning and Zoning: Include when specific use restrictions or planning requirements exist
3. Break Options: Optional break clauses for either party
4. Purchase Option: If lessee has option to repurchase the property
5. Service Charge Provisions: For properties with shared facilities or service arrangements
6. Alterations and Improvements: Detailed provisions for property modifications
7. Registration Requirements: Specific provisions for land register recording if needed
8. Foreign Investment Provisions: Required if Lex Koller applies
9. Force Majeure: Specific provisions for unforeseen circumstances
10. Step-In Rights: For transactions involving third-party financing
1. Property Description: Detailed legal and technical description of the property
2. Title Documents: List of relevant title documents and encumbrances
3. Lease Terms: Detailed lease conditions and specifications
4. Rent Schedule: Detailed breakdown of rent payments and review dates
5. Service Charge Budget: If applicable, breakdown of service charges
6. Condition Survey: Property condition report at point of sale
7. Form of Transfer Deed: Template for property transfer documentation
8. Permitted Use: Detailed specifications of allowed property uses
9. Insurance Requirements: Detailed insurance specifications
10. Completion Requirements: Checklist of completion documents and requirements
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking and Financial Services
Manufacturing
Retail
Hospitality
Healthcare
Industrial
Logistics
Office Properties
Commercial Property Investment
Corporate Finance
Insurance
Relevant Teams
Legal
Finance
Real Estate
Operations
Treasury
Tax
Risk Management
Facilities Management
Corporate Development
Investment
Property Management
Compliance
Relevant Roles
Chief Financial Officer
Real Estate Director
Property Manager
Legal Counsel
Corporate Lawyer
Finance Director
Asset Manager
Investment Manager
Facilities Manager
Treasury Manager
Risk Manager
Commercial Director
Operations Director
Tax Manager
Company Secretary
Real Estate Investment Director
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