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Investment Memorandum (Real Estate)

Investment Memorandum (Real Estate) Template for Denmark

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Investment Memorandum (Real Estate)

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Document background
The Investment Memorandum (Real Estate) is a crucial document used in Danish real estate transactions when seeking investment from multiple investors or institutional partners. It serves as both a marketing and legal document, providing comprehensive information about the real estate investment opportunity while ensuring compliance with Danish securities laws and regulations. The memorandum is typically prepared when raising capital for real estate acquisitions, developments, or portfolio investments, and must adhere to specific disclosure requirements under Danish law. This document type is particularly important in the Danish market where real estate investments often involve international investors who require detailed information and assurances about the investment structure, risk factors, and regulatory compliance.
Suggested Sections

1. Important Notice and Disclaimer: Legal disclaimers, regulatory statements, and information about document status

2. Executive Summary: Overview of the investment opportunity, key highlights, and essential terms

3. Investment Highlights: Key selling points and value proposition of the real estate investment

4. Property Description: Detailed information about the property, including location, specifications, and current status

5. Market Analysis: Overview of the relevant real estate market, trends, and competitive analysis

6. Business Plan: Strategy for the property, including development/management plans and exit strategy

7. Financial Information: Historical financials, projections, and key performance metrics

8. Investment Structure: Legal structure, ownership, and investment terms

9. Risk Factors: Detailed description of all material risks associated with the investment

10. Management: Information about the management team and their track record

11. Tax Considerations: Overview of relevant Danish tax implications for investors

12. Legal and Regulatory Matters: Key legal considerations and regulatory requirements

13. Subscription Process: Instructions and requirements for investing

Optional Sections

1. Environmental Impact Assessment: Detailed environmental analysis, required if the property has significant environmental considerations or requirements

2. Development Pipeline: Information about planned developments or improvements, included if property requires significant development

3. Tenant Overview: Detailed analysis of existing tenants and lease agreements, included for leased properties

4. Zoning and Planning Analysis: Detailed analysis of zoning restrictions and planning opportunities, included for development properties

5. Currency Considerations: Analysis of currency risks and hedging strategies, included for international investors

6. Co-Investment Structure: Details of co-investment arrangements, included if multiple institutional investors are involved

7. Property Management: Details of property management arrangements, included for operational properties

Suggested Schedules

1. Schedule 1 - Detailed Financial Projections: Comprehensive financial models and assumptions

2. Schedule 2 - Property Photos and Plans: Visual documentation of the property and architectural plans

3. Schedule 3 - Technical Due Diligence Report: Detailed property condition assessment and technical specifications

4. Schedule 4 - Market Research Report: Detailed third-party market analysis and research

5. Schedule 5 - Legal Due Diligence Report: Summary of legal review and property title information

6. Schedule 6 - Subscription Documents: Investment agreement and related documentation

7. Schedule 7 - Property Valuation Report: Independent property valuation assessment

8. Schedule 8 - Environmental Reports: Environmental assessments and certificates

9. Schedule 9 - Tax Structure Diagrams: Visual representation of investment and tax structure

10. Schedule 10 - Management CVs: Detailed biographies of key management personnel

Authors

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Relevant legal definitions
Acquisition Date
Administrator
Affiliate
Agreement
AML Regulations
Applicable Law
Appraisal Value
Asset Management Agreement
Business Day
Business Plan
Capitalization Rate
Closing
Closing Date
Commitment
Company
Completion Date
Confidential Information
Danish Business Authority
Danish FSA
Development Plan
Distribution
Due Diligence Reports
Environmental Laws
Exit Strategy
Financial Statements
Financial Year
Fund
GDPR
Gross Asset Value
Holding Period
Investment Committee
Investment Manager
Investment Period
Investment Structure
Investor
Key Person
Lease Agreement
Lender
Management Fee
Market Value
Material Adverse Change
Net Asset Value
Net Operating Income
Offering
Operating Expenses
Partnership
Performance Fee
Permitted Use
Planning Permission
Portfolio
Property
Property Manager
Property Rights
Purchase Price
Qualified Investor
Reference Date
REIT
Related Party
Rental Income
Risk Factors
Security Interest
Subscription Agreement
Subscription Amount
Target Return
Tax Authority
Technical Advisor
Term
Title Deed
Transfer
Valuation
Valuation Date
Clauses
Investment Terms
Subscription Rights
Risk Factors
Confidentiality
Data Protection
Investment Structure
Management Rights
Voting Rights
Transfer Restrictions
Exit Rights
Tag-Along Rights
Drag-Along Rights
Distribution Rights
Information Rights
Reporting Obligations
Management Fees
Performance Fees
Investment Committee
Decision Making
Representations and Warranties
Due Diligence
Environmental Compliance
Regulatory Compliance
Anti-Money Laundering
Tax Considerations
Conflict of Interest
Property Management
Asset Management
Valuation
Force Majeure
Governing Law
Dispute Resolution
Amendments
Termination Rights
Entire Agreement
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Property Formation Act (Udstykningsloven): Governs the formation, division, and registration of real estate properties in Denmark
Danish Property Rights Registration Act (Tinglysningsloven): Regulates the registration of property rights and mortgages in the Danish land registry
Danish Capital Markets Act (Kapitalmarkedsloven): Regulates securities trading and investment offerings, including requirements for investment memoranda
Danish Companies Act (Selskabsloven): Relevant for corporate structure and governance if the property is held through a company
Danish Tax Assessment Act (Vurderingsloven): Covers property valuation and taxation aspects relevant for real estate investments
Danish Planning Act (Planloven): Governs land use, zoning, and development restrictions that may affect the property value and usage
Danish Environmental Protection Act (Miljøbeskyttelsesloven): Environmental regulations affecting real estate and potential liability issues
Danish Marketing Practices Act (Markedsføringsloven): Regulates marketing and disclosure requirements for investment offerings
Danish Anti-Money Laundering Act (Hvidvaskloven): Requirements for investor due diligence and transaction monitoring
Danish GDPR Implementation Act (Databeskyttelsesloven): Regulations for handling personal data of investors and other stakeholders
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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