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Property Donation Agreement
"I need a Property Donation Agreement for transferring my residential property in Hong Kong to a local educational charity, with completion planned for March 2025; the agreement should include conditions about maintaining the property's current name and heritage features."
1. Parties: Identifies and provides full details of the donor and donee, including their legal capacity to enter into the agreement
2. Background: Sets out the context of the donation, relationship between parties if relevant, and donor's ownership of the property
3. Definitions: Defines key terms used throughout the agreement, including Property, Completion Date, Encumbrances, etc.
4. Agreement to Donate: The operative clause establishing the donor's agreement to transfer the property to the donee
5. Property Description: Detailed description of the property being donated, including address, lot number, and registration details
6. Completion: Details of when and how the transfer will be completed, including registration requirements
7. Donor's Representations and Warranties: Confirmations regarding ownership, capacity to donate, property condition, and absence of encumbrances
8. Donee's Acknowledgments: Donee's acceptance of the property in its current condition and understanding of any obligations
9. Costs and Stamp Duty: Allocation of costs, including stamp duty, registration fees, and legal fees
10. General Provisions: Standard clauses including governing law, entire agreement, and severability
1. Conditions Precedent: Used when the donation is subject to certain conditions being met before completion
2. Existing Tenancies: Required if the property is subject to ongoing tenancies that will continue after the donation
3. Tax Indemnity: Include when there are specific tax implications that need to be addressed
4. Reverter Clause: Optional clause specifying circumstances under which the property would revert to the donor
5. Management Fees and Utilities: Include when there are ongoing property management obligations to be addressed
6. Property Maintenance Period: Used when the donor agrees to maintain the property for a specified period post-donation
7. Third Party Consents: Required when the donation needs approval from other parties (e.g., mortgagee, government authorities)
8. Special Conditions: For any unique requirements or restrictions on the use of the property
1. Property Details: Detailed technical description of the property including boundaries, easements, and rights of way
2. Title Documents: List of all relevant title documents and their location
3. Existing Encumbrances: Details of any existing mortgages, charges, or other encumbrances affecting the property
4. Property Inventory: If furniture or fittings are included in the donation, a detailed inventory
5. Required Consents: Copies of or references to any required third-party consents
6. Plans and Maps: Property plans, location maps, and any relevant drawings
7. Completion Requirements: Checklist of documents required for completion and registration
8. Tax Valuation: Professional valuation of the property for tax purposes
Authors
Completion
Completion Date
Donor
Donee
Donation
Encumbrances
Existing Tenancies
Government Lease
Land Registry
Management Fees
Occupation Permit
Parties
Property
Property Rights
Rates
Registration Fees
Related Documents
Relevant Authority
Representatives
Stamp Duty
Title Documents
Transfer Documents
Utilities
Valuation Report
Business Day
Conditions Precedent
Deed of Gift
Due Diligence Materials
Effective Date
Government Authority
Hong Kong
Legal Requirements
Permitted Use
Property Management Company
Reversionary Rights
Surviving Provisions
Tax Authority
Third Party Claims
Transaction Documents
Donation
Property Description
Title Warranty
Capacity and Authority
Representations and Warranties
Due Diligence
Completion
Registration
Stamp Duty
Tax Compliance
Property Condition
Existing Tenancies
Encumbrances
Property Management
Utilities and Outgoings
Third Party Consents
Land Registry Requirements
Risk and Insurance
Further Assurance
Costs
Notices
Assignment
Severability
Entire Agreement
Variation
Waiver
Force Majeure
Governing Law
Jurisdiction
Counterparts
Real Estate
Charity & Non-Profit
Education
Religious Institutions
Healthcare
Family Offices
Legal Services
Private Wealth Management
Property Development
Public Sector
Legal
Real Estate
Compliance
Corporate Secretarial
Tax
Property Management
Wealth Management
Corporate Social Responsibility
Risk Management
Finance
Legal Counsel
Property Lawyer
Real Estate Manager
Charity Director
Estate Planning Advisor
Tax Consultant
Property Manager
Compliance Officer
Corporate Secretary
Philanthropy Director
Wealth Manager
Trust Administrator
Property Valuation Specialist
Land Registration Officer
Non-Profit Executive Director
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