The Designated Investment Agreement is a key document used in Saudi Arabia to facilitate and regulate significant foreign investments in the Kingdom. This agreement type is particularly relevant for investments aligned with Saudi Vision 2030 objectives and requires approval from relevant Saudi authorities, including SAGIA and potentially the Capital Market Authority. The document sets out the complete investment framework, including capital commitments, ownership structures, governance rights, and regulatory compliance requirements. It is specifically designed to protect both foreign investor interests and Saudi national interests while ensuring alignment with Saudi laws, regulations, and Shariah principles. The agreement becomes necessary when foreign investors seek to make substantial investments in Saudi Arabia, particularly in strategic sectors or when special investment licenses or privileges are involved. The document must comply with Saudi Foreign Investment Law, Companies Law, and other relevant regulations while incorporating any sector-specific requirements.
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1. Parties: Identification of the contracting parties, including the Saudi entity and foreign investor(s)
2. Background: Context of the investment agreement, including reference to relevant licenses and approvals
3. Definitions: Key terms used throughout the agreement, including specific Saudi regulatory terminology
4. Investment Structure: Detailed description of the investment arrangement, including capital commitments and ownership structure
5. Regulatory Compliance: Commitments regarding compliance with Saudi laws, including Foreign Investment Law and CMA regulations
6. Investment Terms: Specific terms of the investment, including valuation, pricing, and payment mechanisms
7. Conditions Precedent: Prerequisites for the investment to take effect, including regulatory approvals and documentation requirements
8. Representations and Warranties: Standard and Saudi-specific representations from both parties
9. Covenants: Ongoing obligations of the parties, including compliance with Shariah principles and local regulations
10. Governance Rights: Management and control provisions, voting rights, and board representation
11. Transfer Restrictions: Limitations on transfer of interests and required approvals
12. Exit Rights: Provisions for investment exit, including put/call options and tag-along/drag-along rights
13. Term and Termination: Duration of the agreement and circumstances for early termination
14. Dispute Resolution: Procedures for resolving disputes, typically referring to Saudi courts or approved arbitration centers
15. Governing Law: Specification of Saudi law as governing law and related jurisdictional provisions
16. General Provisions: Standard boilerplate clauses adapted to Saudi legal requirements
1. Shariah Compliance: Specific provisions ensuring compliance with Islamic law principles, required when the investment involves Islamic financial products
2. Strategic Investment Provisions: Additional provisions for investments aligned with Vision 2030 sectors, used when the investment qualifies for special incentives
3. Technology Transfer: Provisions regarding technology transfer and localization, required for investments in technology sectors
4. Employment and Saudization: Specific commitments regarding local employment and training, required for large-scale investments
5. Environmental Compliance: Environmental protection commitments, required for industrial or resource-based investments
6. Government Incentives: Terms related to government incentives or support, included when applicable to the investment
7. Special Economic Zone Provisions: Additional terms for investments in special economic zones or free zones
1. Investment Structure Details: Detailed breakdown of investment amounts, phases, and ownership structure
2. Regulatory Approvals: List of required governmental and regulatory approvals and their status
3. Corporate Documents: Copies of relevant corporate documentation and licenses
4. Business Plan: Detailed business plan and investment timeline
5. Management Structure: Organizational chart and management responsibilities
6. Financial Projections: Financial models and projections for the investment
7. Technical Specifications: Technical details of the investment project, if applicable
8. Key Performance Indicators: Agreed performance metrics and targets
9. Form of Shareholders Agreement: Template or final form of shareholders agreement, if applicable
10. Compliance Procedures: Detailed compliance procedures and requirements
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Healthcare
Infrastructure
Renewable Energy
Tourism
Financial Services
Mining
Education
Defense
Transportation
Real Estate Development
Agricultural Technology
Digital Economy
Entertainment
Relevant Teams
Legal
Compliance
Investment
Corporate Development
Finance
Strategy
Operations
Risk Management
Regulatory Affairs
Business Development
Executive Leadership
Board of Directors
Relevant Roles
Chief Executive Officer
Chief Investment Officer
Chief Legal Officer
Investment Director
Legal Counsel
Compliance Officer
Corporate Development Manager
Investment Manager
Regulatory Affairs Director
Business Development Director
Chief Financial Officer
Strategy Director
Operations Director
Risk Manager
Board Member
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