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Investment Partnership Agreement
"I need an Investment Partnership Agreement for a venture capital partnership between our South African tech investment firm and three international investors, with investment focus on African technology startups and specific provisions for exchange control compliance."
1. Parties: Identification and details of all partners, including registration numbers for corporate entities
2. Background: Context of the partnership formation and investment objectives
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Partnership Establishment: Formation of partnership, effective date, and partnership name
5. Purpose and Scope: Detailed description of partnership business and investment objectives
6. Capital Contributions: Initial and subsequent capital contributions, valuation methods, and timing
7. Profit and Loss Sharing: Distribution of profits, allocation of losses, and distribution priorities
8. Management and Control: Management structure, decision-making processes, and voting rights
9. Partner Rights and Obligations: Detailed responsibilities, duties, and rights of all partners
10. Investment Parameters: Investment criteria, restrictions, and decision-making process
11. Banking and Financial Matters: Banking arrangements, accounting practices, and financial reporting
12. Transfer of Interest: Rules for transferring partnership interests and admission of new partners
13. Duration and Termination: Partnership term, exit provisions, and termination procedures
14. Confidentiality: Protection of partnership and investment information
15. Dispute Resolution: Procedures for resolving disputes between partners
16. General Provisions: Standard clauses including notices, amendments, and governing law
1. BEE Compliance: Required when partnership needs to comply with B-BBEE requirements
2. Exchange Control: Necessary when foreign partners or cross-border investments are involved
3. Investment Committee: When a formal committee structure is needed for investment decisions
4. Key Person Provisions: When success depends on specific individuals remaining involved
5. Co-Investment Rights: When partners may have rights to participate in future investments
6. Tag-Along and Drag-Along Rights: For partnerships with potential exit through sale
7. Environmental, Social and Governance (ESG): When ESG considerations are material to investment strategy
8. Anti-Money Laundering Compliance: Required for partnerships involving financial services or significant capital flows
1. Schedule 1: Partner Details: Detailed information about each partner including contact details and representatives
2. Schedule 2: Initial Capital Contributions: Itemized list of initial capital contributions and valuations
3. Schedule 3: Investment Policy: Detailed investment criteria, restrictions, and guidelines
4. Schedule 4: Management Procedures: Detailed procedures for partnership management and decision-making
5. Schedule 5: Valuation Methodology: Methods for valuing partnership assets and interests
6. Schedule 6: Distribution Waterfall: Detailed structure of profit distribution and priority of payments
7. Appendix A: Partner Resolutions: Corporate resolutions authorizing partnership participation
8. Appendix B: Compliance Certificates: Relevant regulatory and compliance certificates
9. Appendix C: Due Diligence Requirements: Standard due diligence requirements for investments
Authors
Financial Services
Real Estate
Private Equity
Venture Capital
Mining and Resources
Infrastructure Development
Technology and Innovation
Manufacturing
Agriculture
Renewable Energy
Healthcare
Telecommunications
Retail and Consumer
Education
Legal
Finance
Investment
Compliance
Risk Management
Corporate Development
Tax
Operations
Business Development
Due Diligence
Chief Executive Officer
Chief Financial Officer
Chief Investment Officer
Investment Director
Managing Partner
Legal Counsel
Investment Manager
Portfolio Manager
Finance Director
Compliance Officer
Risk Manager
Partnership Manager
Business Development Director
Corporate Finance Manager
Investment Analyst
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