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Real Estate Partnership Agreement for Malaysia

Real Estate Partnership Agreement Template for Malaysia

A comprehensive legal document governed by Malaysian law that establishes and regulates a partnership arrangement between two or more parties for real estate investment, development, or management purposes. The agreement outlines capital contributions, profit-sharing arrangements, management responsibilities, and property-specific obligations while ensuring compliance with Malaysian Partnership Act 1961 and National Land Code 1965. It includes detailed provisions for property management, decision-making processes, and partnership dissolution, specifically tailored to the Malaysian real estate market and legal framework.

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What is a Real Estate Partnership Agreement?

The Real Estate Partnership Agreement serves as a foundational document for parties seeking to collaborate in real estate ventures within Malaysia. This document is essential when two or more parties wish to pool resources, expertise, and capital for real estate investment, development, or management activities. It addresses key aspects required under Malaysian law, including compliance with the Partnership Act 1961, National Land Code 1965, and relevant property legislation. The agreement typically covers capital contributions, profit sharing, management rights, property acquisition and disposal procedures, and partnership dissolution terms. It's particularly relevant for property development projects, investment portfolios, and long-term real estate management arrangements, providing a clear framework for partner relationships and business operations in the Malaysian real estate sector.

What sections should be included in a Real Estate Partnership Agreement?

1. Parties: Identification and details of all partners entering into the agreement

2. Background: Context of the partnership formation and its primary purpose in real estate business

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

4. Partnership Structure: Legal structure, name, and business address of the partnership

5. Capital Contributions: Details of initial and ongoing capital contributions from each partner

6. Ownership and Profit Sharing: Partnership interests and profit/loss distribution ratios

7. Management and Control: Decision-making processes and management responsibilities

8. Property Management: Procedures for managing real estate assets and related operations

9. Banking and Financial Matters: Banking arrangements, accounting procedures, and financial management

10. Transfer of Partnership Interest: Rules regarding transfer of partnership shares and right of first refusal

11. Term and Termination: Duration of partnership and conditions for termination

12. Dissolution and Winding Up: Procedures for partnership dissolution and asset distribution

13. Governing Law: Specification of Malaysian law as governing law and jurisdiction

What sections are optional to include in a Real Estate Partnership Agreement?

1. Development Projects: Include when partnership involves property development activities

2. Foreign Investment: Include when any partner is a foreign entity or individual

3. Strata Management: Include when partnership involves management of strata properties

4. Islamic Finance Compliance: Include when partnership requires Shariah compliance

5. Environmental Compliance: Include when partnership involves green buildings or environmental certifications

6. Property Leasing: Include when partnership focuses on rental property management

7. Intellectual Property: Include when partnership has branded properties or unique property management systems

What schedules should be included in a Real Estate Partnership Agreement?

1. Schedule 1 - Property Schedule: List and details of all properties owned or managed by the partnership

2. Schedule 2 - Capital Contributions: Detailed breakdown of each partner's capital contributions

3. Schedule 3 - Profit Sharing Ratios: Detailed calculation method for profit distribution

4. Schedule 4 - Management Structure: Organizational chart and management responsibilities

5. Schedule 5 - Valuation Method: Agreed method for valuing partnership assets

6. Appendix A - Partner Information: Detailed information about each partner including contact details

7. Appendix B - Property Documents: Copies of relevant property titles and certificates

8. Appendix C - Business Plan: Partnership's business plan and investment strategy

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

Malaysia

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions



































Clauses



































Relevant Industries

Real Estate Development

Property Investment

Commercial Real Estate

Residential Real Estate

Industrial Real Estate

Retail Property

Hospitality Real Estate

Mixed-use Development

Property Management

Construction

Relevant Teams

Legal

Real Estate

Investment

Property Development

Asset Management

Operations

Finance

Compliance

Business Development

Project Management

Relevant Roles

Real Estate Development Director

Property Investment Manager

Chief Investment Officer

Real Estate Partner

Property Portfolio Manager

Development Manager

Asset Manager

Legal Counsel

Financial Controller

Operations Director

Business Development Manager

Project Manager

Compliance Officer

Managing Partner

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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