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Property Investment Contract for Indonesia

Property Investment Contract Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes the terms and conditions for property investment transactions. This document outlines the investment structure, rights and obligations of parties, financial terms, and compliance requirements under Indonesian property and investment regulations. It incorporates specific provisions addressing foreign ownership restrictions, local property laws, and investment regulations while ensuring alignment with Indonesia's Basic Agrarian Law and Investment Law. The agreement includes detailed sections on risk allocation, dispute resolution mechanisms, and exit strategies tailored to the Indonesian legal context.

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Property Investment Contract

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What is a Property Investment Contract?

The Property Investment Contract serves as a fundamental legal instrument for structuring and documenting property investments in Indonesia. This document is essential when investors seek to acquire, develop, or manage real estate assets in Indonesia, whether for commercial, residential, or industrial purposes. It addresses crucial aspects such as ownership structures (particularly important given Indonesia's restrictions on foreign property ownership), investment terms, regulatory compliance, and risk allocation. The contract must comply with multiple Indonesian regulations, including the Basic Agrarian Law, Investment Law, and relevant tax regulations. It's particularly vital for foreign investments, as it needs to incorporate specific provisions addressing Indonesia's foreign ownership restrictions and investment requirements. The document typically includes detailed financial terms, management rights, development plans, and exit strategies, making it suitable for various investment scenarios ranging from direct property acquisition to development projects.

What sections should be included in a Property Investment Contract?

1. Parties: Identification of all parties involved, including investors, property owners, and any corporate entities

2. Background: Context of the investment, including property overview and investment objectives

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

4. Property Details: Comprehensive description of the property, including legal title, certificates, and location details

5. Investment Structure: Details of investment amount, ownership structure, and payment terms

6. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity, authority, and property status

7. Rights and Obligations: Detailed responsibilities of each party, including maintenance, management, and compliance obligations

8. Financial Terms: Investment returns, profit sharing arrangements, and financial reporting requirements

9. Risk Allocation: Distribution of risks between parties and insurance requirements

10. Regulatory Compliance: Commitments to comply with Indonesian property and investment laws

11. Duration and Exit: Term of investment, extension options, and exit mechanisms

12. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

13. Force Majeure: Provisions for unforeseen circumstances affecting the contract

14. Notices: Communication procedures between parties

15. General Provisions: Standard boilerplate clauses including amendments, severability, and entire agreement

What sections are optional to include in a Property Investment Contract?

1. Development Plans: Include when the property investment involves construction or renovation plans

2. Foreign Ownership Provisions: Required when investors include foreign nationals or entities, detailing compliance with Indonesian foreign ownership restrictions

3. Property Management: Include when the agreement covers ongoing property management services

4. Tenant Management: Required when the property is or will be leased to tenants

5. Environmental Compliance: Include for properties requiring specific environmental permits or compliance

6. Strata Title Provisions: Required for apartments or properties under strata title

7. Marketing Rights: Include when parties agree on specific marketing arrangements for the property

8. Intellectual Property: Required when the investment includes branding or trademark rights

What schedules should be included in a Property Investment Contract?

1. Property Details Schedule: Detailed property specifications, certificates, and land documents

2. Investment Schedule: Detailed breakdown of investment amounts, payment schedules, and funding milestones

3. Financial Projections: Expected returns, cash flow projections, and financial models

4. Due Diligence Reports: Summary of legal, financial, and technical due diligence findings

5. Compliance Certificates: Copies of relevant permits, licenses, and regulatory approvals

6. Management Agreement: Detailed property management terms and service level agreements if applicable

7. Insurance Schedule: Required insurance coverage and policy details

8. Development Timeline: Construction or renovation schedules and milestones if applicable

Authors

Alex Denne

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

Jurisdiction

Indonesia

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions








































Clauses









































Relevant Industries

Real Estate

Property Development

Construction

Investment Services

Financial Services

Property Management

Hospitality

Commercial Property

Residential Property

Industrial Property

Relevant Teams

Legal

Real Estate

Investment

Compliance

Finance

Operations

Risk Management

Business Development

Asset Management

Property Management

Relevant Roles

Real Estate Investment Manager

Property Development Director

Legal Counsel

Investment Analyst

Real Estate Portfolio Manager

Compliance Officer

Chief Investment Officer

Property Manager

Investment Director

Real Estate Attorney

Risk Manager

Business Development Manager

Asset Manager

Financial Controller

Operations Director

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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