Call Option Deed Generator for Australia

The Call Option Deed is a crucial legal instrument in Australian business and property transactions, commonly used when parties wish to secure future purchase rights while maintaining flexibility. This document is particularly relevant in scenarios involving property development, corporate acquisitions, or strategic investments where the Option Holder needs time to conduct due diligence or secure financing before committing to a purchase. The deed must comply with Australian legal requirements, including the Corporations Act 2001 (Cth) and relevant state property laws. It typically includes detailed provisions about the option's exercise mechanics, warranties about the underlying asset, and completion procedures. The Call Option Deed can be structured to accommodate various commercial arrangements, from simple property transactions to complex corporate deals with multiple conditions precedent.

1. Parties: Identification of the Option Grantor and Option Holder, including full legal names, ACN/ABN, and addresses

2. Background: Context of the agreement, description of the asset subject to the option, and purpose of the deed

3. Definitions and Interpretation: Key terms used throughout the deed, including Option Period, Exercise Price, Option Fee, Exercise Notice

4. Grant of Option: Core provision granting the call option and specifying its exclusive/non-exclusive nature

5. Option Fee and Payment: Details of the option fee, payment terms, and whether it's refundable

6. Exercise of Option: Process and requirements for exercising the option, including form of notice

7. Option Period: Duration of the option, including start and end dates

8. Completion: Obligations of parties upon exercise of the option, including completion date and requirements

9. Warranties: Representations and warranties given by the Grantor regarding the asset

10. Default and Termination: Events of default and consequences, termination rights

11. Confidentiality: Obligations regarding confidential information

12. GST: GST treatment of the option fee and exercise price

13. General Provisions: Standard boilerplate clauses including notices, governing law, costs