Sale And Leaseback Contract Template for United Arab Emirates

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Key Requirements PROMPT example:

Sale And Leaseback Contract

"I need a Sale and Leaseback Contract for our manufacturing facility in Dubai Industrial City, where we plan to sell the property for AED 25 million to Emirates Investment Bank and lease it back for 15 years starting March 2025, with an option to repurchase after 10 years."

Document background
The Sale And Leaseback Contract is a strategic financial instrument commonly used in the UAE business environment when organizations seek to unlock capital from their real estate assets while maintaining operational use of the property. This document type is particularly relevant in scenarios where companies need to improve their balance sheet position or require significant capital injection while continuing their business operations uninterrupted. The agreement must comply with UAE Federal laws, including the Civil Code and Commercial Transactions Law, as well as specific emirate-level property regulations. It typically includes detailed provisions for both the sale transaction and the subsequent lease arrangement, covering aspects such as property valuation, payment terms, lease duration, maintenance responsibilities, and compliance with local registration requirements. The document is structured to ensure enforceability under UAE law while potentially incorporating Sharia-compliant elements when required by the participating parties or financial institutions.
Suggested Sections

1. Parties: Identification of the Seller/Lessee and Buyer/Lessor, including full legal names, registration details, and addresses

2. Background: Context of the transaction, property description, and purpose of the arrangement

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

4. Sale Provisions: Terms of the sale including purchase price, payment terms, and completion requirements

5. Property Transfer: Provisions regarding the transfer of title, registration requirements, and warranties of title

6. Leaseback Terms: Core lease terms including duration, rent amount, payment schedule, and permitted use

7. Maintenance and Repairs: Responsibilities for property maintenance, repairs, and improvements

8. Insurance and Risk: Insurance requirements and allocation of risk between parties

9. Default and Remedies: Consequences of default by either party and available remedies

10. Registration and Compliance: Requirements for registration with relevant authorities and compliance with UAE laws

11. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes

12. Notices: Process and requirements for formal communications between parties

13. Entire Agreement: Standard boilerplate confirming the agreement represents the entire understanding between parties

Optional Sections

1. Sharia Compliance: Required if the transaction needs to be Sharia-compliant, particularly if involving Islamic financial institutions

2. Property Management: Include if specific property management arrangements are needed beyond basic maintenance

3. Environmental Compliance: Required for industrial or commercial properties with environmental considerations

4. Assignment and Subletting: Include if the lessee requires rights to assign or sublet the property

5. Purchase Option: Include if the lessee will have an option to repurchase the property

6. Development Rights: Required if the property may be developed or significantly modified during the lease term

7. VAT Treatment: Include detailed VAT provisions if the transaction is subject to UAE VAT

8. Force Majeure: Optional expanded force majeure provisions beyond standard terms

Suggested Schedules

1. Property Description: Detailed description of the property including title details, floor plans, and boundaries

2. Purchase Price Details: Breakdown of purchase price, payment terms, and any adjustments

3. Lease Terms Schedule: Detailed lease terms including rent calculations, review periods, and payment schedules

4. Condition Survey: Initial condition report of the property at the time of sale

5. Permitted Alterations: List of alterations the lessee is permitted to make to the property

6. Service Charges: Details of service charges and other operational costs if applicable

7. Required Insurance: Specific insurance requirements and minimum coverage levels

8. Form of Registration Documents: Templates for required registration documents under UAE law

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Banking & Financial Services

Manufacturing

Retail

Hospitality

Healthcare

Industrial

Logistics & Warehousing

Commercial Office Space

Education

Relevant Teams

Legal

Finance

Real Estate

Operations

Facilities Management

Risk & Compliance

Treasury

Asset Management

Property Management

Investment

Relevant Roles

Chief Financial Officer

Real Estate Director

Property Manager

Legal Counsel

Finance Director

Facilities Manager

Corporate Treasurer

Asset Manager

Investment Manager

Commercial Director

Operations Director

Risk Manager

Compliance Officer

Real Estate Investment Officer

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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