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Articles Of Incorporation (Real Estate)

Articles Of Incorporation (Real Estate) Template for India

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Articles Of Incorporation (Real Estate)

"I need Articles of Incorporation (Real Estate) for a new property development company launching in March 2025, focusing on luxury residential projects in Mumbai and Bangalore, with provisions for foreign investment and joint ventures with international developers."

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Document background
Articles of Incorporation (Real Estate) is a crucial document required when establishing a real estate company in India. It must be filed with the Registrar of Companies and serves as the company's constitutional document, defining its purpose, structure, and operational parameters. The document is essential for companies planning to engage in real estate development, property management, or real estate investment activities. It needs to comply with multiple regulatory frameworks including the Companies Act, 2013, RERA, and state-specific real estate laws. The Articles of Incorporation must include specific provisions related to real estate operations, property development, and management, while also addressing standard corporate governance requirements. This document is particularly important as it forms the basis for all future corporate actions and helps ensure compliance with both corporate and real estate regulatory requirements in India.
Suggested Sections

1. Name Clause: Specifies the proposed name of the company as approved by the Registrar of Companies

2. Registered Office Clause: States the state where the registered office of the company will be situated

3. Objects Clause: Details the main objects, ancillary objects, and other objects related to real estate business activities

4. Liability Clause: Declares the liability of members as limited by shares

5. Capital Clause: States the authorized share capital of the company with types of shares and their nominal values

6. Association Clause: Declaration of association by the subscribers to form the company

7. Governance Structure: Outlines the basic framework for company management and board of directors

8. Share Capital and Variation: Detailed provisions regarding share capital, share certificates, and transfer procedures

9. Board of Directors: Provisions regarding appointment, removal, powers, and duties of directors

10. General Meetings: Rules and procedures for conducting shareholders' meetings

11. Dividends and Reserves: Provisions for declaration and payment of dividends

Optional Sections

1. Real Estate Project Management: Specific provisions for managing real estate projects - include when company plans to develop properties

2. Foreign Investment Provisions: Special provisions regarding foreign investment - include when expecting foreign shareholders

3. Joint Venture Operations: Framework for joint venture projects - include when planning collaborative developments

4. RERA Compliance: Specific provisions for RERA compliance - include for companies planning residential real estate development

5. Environmental Compliance: Special provisions for environmental protection - include for large-scale development projects

6. Branch Offices: Provisions for establishing and managing branch offices - include for multi-city operations

Suggested Schedules

1. Schedule I - Subscriber Information: Details of initial subscribers including their shareholding and contact information

2. Schedule II - Initial Directors: Information about first directors of the company including their DIN and contact details

3. Schedule III - Property Assets: List of initial property assets or land banks, if any, being transferred to the company

4. Schedule IV - Compliance Checklist: Detailed checklist of regulatory compliances specific to real estate operations

5. Appendix A - Forms and Procedures: Standard forms for share transfers, board resolutions, and other routine matters

6. Appendix B - Corporate Governance Guidelines: Detailed guidelines for corporate governance and decision-making processes

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
Act
Articles
Authorized Share Capital
Board of Directors
Company
Director
Financial Year
General Meeting
Memorandum
Office
Ordinary Resolution
Paid-up Share Capital
Property
Real Estate Project
Register of Members
Registered Office
Registrar
RERA
Seal
Secretary
Securities
Share
Shareholder
Special Resolution
Stamp Duty
Subscriber
Transfer
Development Rights
Floor Space Index
Land Bank
Project Assets
Regulatory Approvals
Title Documents
Carpet Area
Built-up Area
Common Areas
Construction Phase
Development Agreement
Environmental Clearance
Joint Development
Land Use Rights
Occupancy Certificate
Planning Permission
Real Estate Asset
Title Deed
Zoning Laws
Clauses
Name and Incorporation
Registered Office
Objects of Company
Share Capital and Variation
Share Certificates
Share Transfer and Transmission
Lien on Shares
Calls on Shares
Forfeiture of Shares
Alteration of Capital
Capitalization of Profits
Board of Directors
Powers of Board
Proceedings of Board
Chief Executive Officer
Company Secretary
General Meetings
Voting Rights
Proxies
Directors' Interests
Dividends and Reserves
Accounts and Audit
Common Seal
Winding Up
Indemnity
Real Estate Operations
Property Management
Development Rights
Project Execution
Environmental Compliance
RERA Compliance
Land Acquisition
Property Disposal
Joint Development
Construction Management
Asset Management
Regulatory Compliance
Foreign Investment
Borrowing Powers
Securities Issuance
Relevant Industries

Real Estate

Construction

Property Development

Urban Planning

Infrastructure Development

Commercial Property Management

Residential Property Development

Industrial Estate Development

Property Investment

Real Estate Investment Trusts (REITs)

Relevant Teams

Legal

Corporate Affairs

Compliance

Real Estate Operations

Property Management

Project Development

Corporate Governance

Finance

Risk Management

Business Development

Property Acquisition

Relevant Roles

CEO

Managing Director

Company Secretary

Legal Counsel

Compliance Officer

Real Estate Development Manager

Property Manager

Project Director

Board Director

Corporate Governance Officer

Real Estate Operations Manager

Chief Financial Officer

Risk Management Officer

Business Development Manager

Property Acquisition Manager

Industries
Companies Act, 2013: Primary legislation governing company incorporation, registration, and operation in India. Defines requirements for memorandum, articles of association, and corporate governance structure.
Real Estate (Regulation and Development) Act, 2016 (RERA): Regulates real estate sector, mandates registration of real estate projects, and sets compliance requirements for real estate companies.
Transfer of Property Act, 1882: Governs transfer of property and real estate transactions, important for defining company's operational scope.
Foreign Exchange Management Act, 1999 (FEMA): Regulates foreign investment in real estate sector and related transactions with non-residents.
Income Tax Act, 1961: Governs taxation of real estate transactions and corporate income, including specific provisions for real estate companies.
Registration Act, 1908: Mandates registration of property documents and transactions, crucial for real estate operations.
State-specific Real Estate Laws: Various state-level regulations governing real estate development, land use, and property transactions in specific states.
Goods and Services Tax (GST) Laws: Governs taxation of real estate transactions and services provided by real estate companies.
Indian Stamp Act, 1899: Governs stamp duty payable on property transactions and company incorporation documents.
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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