Real Estate Investment Partnership Agreement

Real Estate Investment Partnership Agreement Template for Denmark

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Document background

The Real Estate Investment Partnership Agreement is a crucial document used when two or more parties wish to establish a formal partnership structure for real estate investment activities in Denmark. This agreement is particularly relevant for investment projects requiring pooled capital, shared expertise, and structured management of real estate assets. It addresses essential aspects such as capital contributions, profit sharing, management rights, investment criteria, and exit provisions, all while ensuring compliance with Danish partnership law, real estate regulations, and tax requirements. The document is commonly used by both domestic and international investors seeking to participate in the Danish real estate market through a partnership structure, providing a clear framework for governance and operations.

Suggested Sections

1. Parties: Identification of all partners and their contact details

2. Background: Context of the partnership formation and its investment objectives

3. Definitions: Definitions of key terms used throughout the agreement

4. Partnership Structure: Legal form of partnership, registration details, and business address

5. Purpose and Scope: Detailed description of partnership's investment objectives and permitted activities

6. Capital Contributions: Initial and subsequent capital contributions, valuation methods, and timing

7. Ownership and Distribution: Partnership interests, profit/loss allocation, and distribution policies

8. Management and Control: Management structure, voting rights, and decision-making processes

9. Investment Criteria: Parameters for selecting and acquiring real estate investments

10. Operating Procedures: Day-to-day management, property management, and administrative procedures

11. Financial Matters: Banking, accounting, auditing, and financial reporting requirements

12. Transfer Restrictions: Limitations on transfer of partnership interests and right of first refusal

13. Duration and Termination: Term of partnership, exit mechanisms, and dissolution procedures

14. Representations and Warranties: Partners' confirmations regarding capacity, authority, and compliance

15. Confidentiality: Protection of partnership and investment information

16. Governing Law and Disputes: Applicable Danish law and dispute resolution procedures

Optional Sections

1. Key Person Provisions: Used when specific partners or managers are crucial to operations, defining their roles and contingencies

2. Investment Committee: Include when establishing a formal committee for investment decisions

3. Co-Investment Rights: When partners may have rights to participate in additional investments

4. Development Projects: Include when partnership may engage in property development activities

5. Environmental Matters: Specific provisions for environmental due diligence and liability

6. Financing Arrangements: Include detailed provisions when external financing is contemplated

7. Property Management: Detailed provisions when partnership will manage properties internally

8. Foreign Investment Provisions: Include when non-Danish partners are involved or foreign investments are contemplated

9. Tax Elections: Special tax treatment options and elections available under Danish law

10. Insurance Requirements: Detailed insurance provisions for specific property types or risk profiles

Suggested Schedules

1. Initial Capital Contributions: Detailed breakdown of each partner's initial contribution

2. Property Schedule: List of properties owned or to be acquired by the partnership

3. Management Structure: Organizational chart and management responsibilities

4. Investment Criteria Details: Detailed investment parameters and evaluation metrics

5. Fee Structure: Comprehensive breakdown of management and performance fees

6. Distribution Waterfall: Detailed calculation methodology for profit distributions

7. Valuation Methodology: Agreed procedures for valuing partnership assets

8. Administrative Procedures: Detailed operational and reporting procedures

9. Form of Transfer Notice: Template for notifying transfer of partnership interests

10. Compliance Checklist: Required regulatory and legal compliance measures

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