The Real Estate Partnership Agreement serves as the foundational document for establishing and governing real estate partnerships in the Philippines. It is essential when two or more parties wish to combine their resources, expertise, and capital for real estate ventures while operating under Philippine jurisdiction. The agreement comprehensively addresses partner relationships, capital contributions, profit-sharing mechanisms, management structures, and operational procedures specific to real estate activities. It ensures compliance with Philippine laws including the Civil Code, Corporation Code, and Real Estate Service Act (RESA), while providing flexibility for various real estate ventures from property development to management. This document is particularly crucial for protecting partner interests, establishing clear governance structures, and ensuring smooth partnership operations in the Philippine real estate market.
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1. Parties: Identification and details of all partners entering into the agreement, including their legal capacity and contact information
2. Background: Context of the partnership formation, including the purpose and intent of the parties to enter into a real estate partnership
3. Definitions: Definitions of key terms used throughout the agreement to ensure clarity and prevent misinterpretation
4. Partnership Formation: Details of partnership establishment, including name, business address, and registration requirements
5. Purpose and Scope: Specific objectives of the partnership and the scope of real estate activities to be undertaken
6. Capital Contributions: Details of initial and subsequent capital contributions, including property, cash, or other assets
7. Ownership and Profit Sharing: Structure of ownership, profit-sharing ratios, and distribution mechanisms
8. Management and Control: Management structure, voting rights, and decision-making processes
9. Property Management: Procedures for managing real estate assets, including maintenance, leasing, and development
10. Banking and Financial Matters: Financial management procedures, including bank accounts and accounting practices
11. Transfer of Interests: Rules governing the transfer of partnership interests and real estate assets
12. Term and Termination: Duration of the partnership and conditions for termination or dissolution
13. Dispute Resolution: Procedures for resolving disputes between partners
14. Governing Law: Specification of Philippine law as governing law and relevant jurisdictional matters
15. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability
1. Development Projects: Specific provisions for real estate development projects, used when the partnership plans to develop properties
2. Property Acquisition Protocol: Procedures for identifying and acquiring new properties, included when the partnership plans ongoing property acquisitions
3. Financing Arrangements: Details of external financing and loan arrangements, included when the partnership will seek external funding
4. Property Disposal: Procedures for selling or disposing of properties, included when regular property trading is anticipated
5. Asset Management Services: Terms for engaging external property managers, included when third-party management is contemplated
6. Environmental Compliance: Environmental obligations and compliance requirements, included for properties with environmental concerns
7. Insurance and Indemnification: Detailed insurance requirements and indemnification provisions, included for high-value properties
8. Intellectual Property: Protection of partnership branding and intellectual property, included when the partnership will develop a brand identity
1. Schedule A - Property Details: Detailed description of all properties initially included in the partnership
2. Schedule B - Capital Contributions: Itemized list of each partner's initial capital contributions
3. Schedule C - Profit Sharing Mechanism: Detailed calculations and examples of profit-sharing arrangements
4. Schedule D - Management Structure: Organizational chart and management responsibilities
5. Schedule E - Property Management Guidelines: Detailed procedures for property maintenance and management
6. Schedule F - Due Diligence Requirements: Checklist and procedures for property acquisition due diligence
7. Appendix 1 - Partner Information: Detailed information about each partner, including KYC documentation
8. Appendix 2 - Property Documents: Copies of property titles, permits, and relevant documentation
9. Appendix 3 - Financial Projections: Initial business plan and financial projections for the partnership
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Property Management
Real Estate Investment
Commercial Property
Residential Property
Industrial Property
Urban Development
Infrastructure
Hospitality
Retail Property
Relevant Teams
Legal
Real Estate
Investment
Business Development
Finance
Operations
Compliance
Asset Management
Project Development
Property Management
Risk Management
Corporate Affairs
Relevant Roles
Real Estate Developer
Property Manager
Investment Director
Legal Counsel
Corporate Lawyer
Real Estate Broker
Business Development Manager
Chief Financial Officer
Managing Partner
Operations Director
Asset Manager
Investment Analyst
Compliance Officer
Real Estate Consultant
Project Manager
Development Director
Partnership Manager
Real Estate Investment Manager
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