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Real Estate Partnership Agreement

Real Estate Partnership Agreement Template for Germany

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Key Requirements PROMPT example:

Real Estate Partnership Agreement

"I need a Real Estate Partnership Agreement for three partners investing in a mixed-use commercial property in Berlin, with one managing partner having operational control and specific provisions for profit distribution based on varying capital contributions."

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Document background
The Real Estate Partnership Agreement is a crucial document used when two or more parties wish to establish a formal partnership for real estate investment and management activities in Germany. It is particularly important due to Germany's specific legal requirements for real estate transactions and partnerships, including mandatory notarization under the German Civil Code (BGB) and compliance with the Commercial Code (HGB). The agreement typically covers essential aspects such as capital contributions, property ownership structure, management responsibilities, profit distribution, and exit mechanisms. It is designed to provide a clear framework for partners while ensuring compliance with German property registration requirements, partnership laws, and tax regulations. This document is fundamental for both commercial and residential real estate ventures and requires careful consideration of various legal and practical aspects specific to the German real estate market.
Suggested Sections

1. Parties: Identification and details of all partners entering the agreement

2. Background: Context of the partnership formation and its primary objectives

3. Definitions: Key terms used throughout the agreement

4. Partnership Structure: Legal form of partnership, registration details, and partnership name

5. Partnership Purpose: Specific objectives and scope of the real estate partnership

6. Capital Contributions: Initial and ongoing capital contributions, including property investments

7. Ownership of Properties: Details of property ownership structure and registration

8. Management and Decision Making: Partnership management structure and voting rights

9. Profit and Loss Distribution: Formula and timing for distributing profits and losses

10. Property Management: Responsibilities and procedures for managing real estate assets

11. Banking and Financial Matters: Partnership account management and financial procedures

12. Transfer of Partnership Interests: Rules for transferring ownership stakes

13. Term and Termination: Duration of partnership and termination procedures

14. Dispute Resolution: Procedures for resolving partner disagreements

15. Governing Law: Confirmation of German law application and jurisdiction

Optional Sections

1. Development Projects: Include when partnership involves property development activities

2. Rental Management: Include when partnership will lease properties to tenants

3. Property Acquisition Strategy: Include when partnership plans ongoing property acquisitions

4. External Financing: Include when partnership will seek bank or third-party financing

5. Tax Structure: Include when specific tax optimization structures are implemented

6. Property Management Company: Include when using external property management services

7. Insurance Requirements: Include detailed insurance requirements when managing multiple properties

8. Environmental Matters: Include when properties have specific environmental considerations

Suggested Schedules

1. Schedule 1 - Property Schedule: Detailed list and description of all partnership properties

2. Schedule 2 - Capital Contributions: Detailed breakdown of partner contributions

3. Schedule 3 - Property Management Procedures: Detailed procedures for property management

4. Schedule 4 - Profit Distribution Formula: Detailed calculations for profit sharing

5. Schedule 5 - Partner Contact Details: Complete contact information for all partners

6. Appendix A - Property Documents: Copies of property titles and registration documents

7. Appendix B - Partnership Registration: Partnership registration certificates and documents

8. Appendix C - Valuation Reports: Property valuation reports and assessments

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Accounting Period
Acquisition Costs
Additional Capital Contribution
Authorized Representative
Business Day
Business Plan
Capital Account
Capital Contribution
Commencement Date
Confidential Information
Default Event
Defaulting Partner
Distribution
Effective Date
Encumbrance
Financial Year
Force Majeure
Gesellschaft
Grundstück
Initial Capital Contribution
Investment Committee
Land Register
Management Committee
Managing Partner
Net Income
Net Loss
Operating Expenses
Partner
Partnership
Partnership Assets
Partnership Interest
Partnership Property
Partnership Share
Property
Property Management Agreement
Property Manager
Profits and Losses
Quarter
Related Party
Relevant Property
Reserved Matters
Security Interest
Transfer
Valuation
Clauses
Formation and Purpose
Partnership Structure
Capital Contributions
Property Ownership
Management Rights
Decision Making
Profit Distribution
Loss Allocation
Property Management
Partner Obligations
Transfer Restrictions
Right of First Refusal
Buy-Sell Provisions
Property Maintenance
Financial Reporting
Tax Matters
Bank Accounts
Insurance Requirements
Confidentiality
Non-Competition
Force Majeure
Default Provisions
Deadlock Resolution
Withdrawal Rights
Termination
Liquidation
Dispute Resolution
Governing Law
Severability
Amendment Procedures
Notices
Power of Attorney
Entire Agreement
Relevant Industries

Real Estate

Property Development

Construction

Property Management

Commercial Property

Residential Property

Real Estate Investment

Property Finance

Hospitality

Retail Property

Relevant Teams

Legal

Real Estate

Investment

Property Management

Asset Management

Compliance

Finance

Operations

Business Development

Risk Management

Relevant Roles

Real Estate Manager

Property Development Director

Investment Manager

Legal Counsel

Real Estate Partner

Asset Manager

Property Portfolio Manager

Real Estate Fund Manager

Compliance Officer

Real Estate Investment Director

Chief Investment Officer

Real Estate Operations Manager

Managing Partner

Property Acquisition Manager

Industries
Bürgerliches Gesetzbuch (BGB) - German Civil Code: Primary legislation governing civil law matters, including property law (§§ 854-1296), contract law (§§ 241-853), and general partnership provisions (§§ 705-740)
Handelsgesetzbuch (HGB) - German Commercial Code: Regulates commercial partnerships and business relationships, particularly relevant if the partnership is commercial in nature (§§ 105-160)
Grundbuchordnung (GBO) - Land Registration Act: Governs the registration of real estate ownership and encumbrances in the German land register
Beurkundungsgesetz (BeurkG) - Notarisation Act: Regulates the formal requirements for notarization of real estate transactions and certain partnership agreements
Grunderwerbsteuergesetz (GrEStG) - Real Estate Transfer Tax Act: Governs taxation aspects of real estate transfers and acquisitions within partnerships
Wohnungseigentumsgesetz (WEG) - Condominium Act: Relevant if the partnership involves apartment buildings or condominiums
Mietrecht (BGB) - German Tenancy Law: Sections of the Civil Code (§§ 535-580a) governing rental agreements, relevant if the partnership plans to lease properties
Gewerbesteuergesetz (GewStG) - Trade Tax Act: Relevant for commercial real estate partnerships regarding business tax obligations
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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