Real Estate Partnership Agreement

Real Estate Partnership Agreement Template for Denmark

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Document background

The Real Estate Partnership Agreement is a fundamental document for establishing and governing real estate joint ventures in Denmark. It is primarily used when two or more parties wish to combine their resources, expertise, and capital for real estate investment, development, or management purposes. The agreement must comply with Danish partnership law (Lov om visse erhvervsdrivende virksomheder) and real estate regulations, making it suitable for both domestic and international investors operating in the Danish market. This document typically includes detailed provisions on property ownership structure, management responsibilities, profit distribution, decision-making processes, and exit strategies. It's particularly important for protecting partners' interests in large-scale real estate projects and ensuring clear guidelines for partnership operations under Danish jurisdiction.

Suggested Sections

1. Parties: Identification and details of all partnership members, including full legal names, registration numbers, and addresses

2. Background: Context of the partnership formation, including the purpose and objectives of the real estate partnership

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

4. Partnership Structure: Legal form of the partnership, ownership percentages, and capital contributions

5. Property Details: Specific information about the real estate assets owned or to be acquired by the partnership

6. Capital Contributions: Initial and ongoing capital contributions, including valuation of any property contributed as capital

7. Profit and Loss Allocation: Distribution of profits and losses among partners, including rental income and capital gains

8. Management and Decision Making: Governance structure, voting rights, and decision-making processes

9. Property Management: Responsibilities and procedures for managing the real estate assets

10. Financial Management: Banking, accounting, and financial reporting requirements

11. Transfer of Interests: Rules and restrictions regarding the transfer of partnership interests

12. Exit Provisions: Procedures for partner withdrawal, buy-out terms, and partnership dissolution

13. Term and Termination: Duration of the partnership and circumstances for termination

14. Disputes Resolution: Procedures for resolving disputes between partners

15. Governing Law: Confirmation of Danish law as governing law and jurisdiction

Optional Sections

1. Development Projects: Include when the partnership will engage in real estate development activities

2. Financing Arrangements: Include when external financing is part of the partnership structure

3. Property Management Company: Include when a third-party property manager will be appointed

4. Environmental Compliance: Include for properties with specific environmental considerations or risks

5. Insurance Requirements: Include detailed insurance provisions for high-value or special-use properties

6. Right of First Refusal: Include when partners want pre-emptive rights on property sales or interest transfers

7. Intellectual Property: Include when the partnership involves branding or property-related IP rights

8. Employee Matters: Include when the partnership will directly employ staff

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of properties, including addresses, land registry details, and encumbrances

2. Schedule 2 - Initial Capital Contributions: Detailed breakdown of each partner's initial capital contribution

3. Schedule 3 - Valuation Methodology: Agreed methods for valuing properties and partnership interests

4. Schedule 4 - Management Procedures: Detailed procedures for day-to-day management and decision-making

5. Schedule 5 - Financial Reporting Templates: Templates for required financial reports and statements

6. Schedule 6 - Partner Contact Details: Complete contact information for all partners and authorized representatives

7. Appendix A - Property Plans: Floor plans, site maps, and relevant property drawings

8. Appendix B - Due Diligence Reports: Summary of property surveys, environmental reports, and other due diligence findings

9. Appendix C - Existing Leases: Details of any existing lease agreements affecting the properties

10. Appendix D - Property Management Agreement: Copy of agreement with property management company if applicable

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