The Real Estate Investment Agreement is a critical document used in Indonesian property transactions to formalize investment arrangements between parties investing in real estate assets. This document is essential when establishing investment structures for property acquisition, development, or management in Indonesia, whether for commercial, residential, or industrial purposes. It must comply with Indonesian regulations, particularly the Basic Agrarian Law, Investment Law, and foreign ownership restrictions. The agreement typically includes detailed provisions on investment structure, property rights, regulatory compliance, risk allocation, and financial arrangements. It's particularly important for foreign investments, which require specific structuring to comply with Indonesian foreign ownership restrictions and investment regulations. The document serves as the primary reference point for all parties' rights, obligations, and remedies throughout the investment period.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration details
2. Background: Context of the investment agreement, including brief description of the property and investment purpose
3. Definitions: Definitions of key terms used throughout the agreement
4. Investment Structure: Details of the investment arrangement, including investment amount, ownership structure, and payment terms
5. Property Details: Comprehensive description of the real estate property, including legal title information and current encumbrances
6. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity, authority, and the property
7. Rights and Obligations: Detailed responsibilities and rights of each party under the agreement
8. Regulatory Compliance: Provisions ensuring compliance with Indonesian property and investment laws
9. Risk Allocation: Distribution of risks between parties including property damage, legal issues, and market risks
10. Financial Provisions: Details of all financial arrangements including returns, costs, and expense allocation
11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
12. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
13. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability
14. Execution: Signature blocks and execution formalities
1. Development Plans: Include when the investment involves property development or renovation plans
2. Property Management: Include when the agreement covers ongoing management of the property
3. Exit Strategy: Include when parties want to specify conditions and procedures for investment exit
4. Foreign Investment Provisions: Include when one or more investors are foreign entities
5. Environmental Compliance: Include when the property has specific environmental considerations or requirements
6. Tenant Relations: Include when the property has existing tenants or leasing arrangements
7. Insurance Requirements: Include when specific insurance arrangements need to be detailed
8. Tax Structure: Include when complex tax arrangements need to be specified
1. Property Title Documents: Certified copies of property ownership certificates and land rights documentation
2. Property Plans and Drawings: Architectural plans, site maps, and technical drawings of the property
3. Investment Structure Details: Detailed breakdown of investment amounts, shares, and payment schedules
4. Due Diligence Reports: Reports on legal, financial, and technical due diligence
5. Regulatory Permits: Copies of all relevant permits, licenses, and regulatory approvals
6. Financial Models: Projected returns, cash flows, and financial calculations
7. Property Valuation Report: Independent valuation report of the property
8. Environmental Reports: Environmental impact assessments and compliance certificates
9. Development Timeline: If applicable, detailed timeline for property development or renovation
10. Management Agreement: If applicable, terms of property management services
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Financial Services
Investment Management
Hospitality
Commercial Property
Residential Property
Industrial Property
Infrastructure Development
Relevant Teams
Legal
Finance
Real Estate
Investment
Compliance
Risk Management
Business Development
Property Management
Corporate Affairs
Operations
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Real Estate Investment Manager
Property Development Manager
Legal Counsel
Investment Analyst
Property Manager
Compliance Officer
Risk Manager
Finance Director
Real Estate Director
Business Development Manager
Investment Relations Manager
Asset Manager
Corporate Secretary
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