The Real Estate Investment Operating Agreement is a crucial document used in Indonesian real estate transactions where multiple parties collaborate to manage and operate real estate investments. This agreement is particularly relevant when establishing joint ventures, investment partnerships, or management arrangements for Indonesian property assets. It addresses the specific requirements of Indonesian property and investment laws, including the Investment Law (Law No. 25/2007) and Basic Agrarian Law (Law No. 5/1960). The document is essential for structuring investments that comply with foreign ownership restrictions, local regulatory requirements, and operational standards in the Indonesian real estate market. It typically includes detailed provisions for capital contributions, profit sharing, management responsibilities, regulatory compliance, and risk allocation, while incorporating necessary safeguards for all parties involved in the investment structure.
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1. Parties: Identification of all parties to the agreement, including their legal status and registration details
2. Background: Context of the agreement, including the purpose of the investment and brief description of the property
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation
4. Investment Structure: Details of investment amounts, shareholding ratios, and capital contribution requirements
5. Property Details: Comprehensive description of the real estate assets covered by the agreement
6. Management and Operation: Structure and procedures for managing the property and investment operations
7. Rights and Obligations: Detailed responsibilities and rights of each party in relation to the investment
8. Financial Provisions: Financial arrangements including profit sharing, expense allocation, and accounting requirements
9. Regulatory Compliance: Obligations regarding Indonesian law compliance, permits, and licenses
10. Decision Making: Procedures for making operational and strategic decisions, including voting rights
11. Representations and Warranties: Standard and specific warranties given by each party
12. Term and Termination: Duration of the agreement and circumstances for termination
13. Default and Remedies: Events of default and corresponding remedies available to parties
14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
15. General Provisions: Standard legal provisions including notices, amendments, and severability
1. Development Rights: Include when the investment involves property development or construction activities
2. Environmental Compliance: Include for properties requiring specific environmental management or compliance
3. Islamic Finance Provisions: Include when the investment structure needs to comply with Sharia principles
4. Foreign Investment Provisions: Include when foreign investors are involved, detailing specific compliance requirements
5. Property Management Services: Include when specific property management services are part of the agreement
6. Exit Mechanisms: Include detailed exit provisions when parties require specific exit rights or strategies
7. Intellectual Property: Include when the investment involves branded properties or specific IP rights
8. Force Majeure: Include detailed force majeure provisions for high-risk areas or specific concerns
1. Property Details Schedule: Detailed legal description of property, including certificates and permits
2. Financial Model: Projected financials, investment returns, and financial assumptions
3. Capital Contributions Schedule: Detailed breakdown of each party's capital contributions and timeline
4. Management Structure: Organizational chart and management procedures
5. Insurance Requirements: Required insurance coverage and minimum terms
6. Service Level Agreements: Detailed operational and management performance standards
7. Fee Structure: Detailed breakdown of all fees, including management and performance fees
8. Required Permits and Licenses: List of all required regulatory approvals and status
9. Property Plans and Specifications: Technical drawings, plans, and property specifications
10. Form of Reports: Templates for required financial and operational reports
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Commercial Property
Residential Property
Industrial Property
Hospitality
Retail Property
Investment Management
Asset Management
Property Management
Construction
Infrastructure Development
Relevant Teams
Legal
Real Estate
Investment
Operations
Finance
Compliance
Risk Management
Asset Management
Property Management
Business Development
Strategy
Corporate Development
Relevant Roles
Chief Investment Officer
Real Estate Director
Property Manager
Investment Manager
Legal Counsel
Compliance Officer
Asset Manager
Development Director
Finance Director
Operations Manager
Risk Manager
Portfolio Manager
Facilities Manager
Managing Director
Investment Analyst
Real Estate Consultant
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