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Real Estate LLC Operating Agreement
"I need a Real Estate LLC Operating Agreement for a three-member company planning to develop residential properties in Mumbai, with one foreign investor contributing 25% capital, to be effective from March 2025."
1. Parties: Identifies all founding members/partners of the LLC with their complete details including names, addresses, and ownership percentages
2. Background: Explains the purpose of forming the real estate LLC and the general intent of the parties
3. Definitions: Defines key terms used throughout the agreement including property-related terms, financial terms, and governance-related definitions
4. Formation and Name: Details of LLC registration, registered office address, and business name
5. Purpose and Powers: Specific real estate activities the LLC will engage in and its operational powers
6. Capital Contributions: Initial and subsequent capital contributions by members, including property contributions and valuations
7. Membership Interests: Distribution of ownership interests, voting rights, and economic rights
8. Management Structure: Management framework, appointment of managers, and decision-making processes
9. Meetings and Voting: Procedures for member meetings, voting requirements, and quorum rules
10. Property Management: Procedures for acquiring, managing, and disposing of real estate assets
11. Distribution of Profits and Losses: Formula and procedures for distributing profits and allocating losses
12. Books and Records: Requirements for maintaining financial records and property documentation
13. Transfer Restrictions: Limitations on transferring membership interests and property assets
14. Exit Provisions: Procedures for member withdrawal, buyouts, and LLC dissolution
15. Compliance: Obligations to comply with real estate and corporate laws
16. Governing Law: Specification of Indian law as governing law and jurisdiction details
1. Foreign Investment Provisions: Required when the LLC has or anticipates foreign investors, detailing FEMA compliance and restrictions
2. Development Projects: Include when the LLC will engage in real estate development, covering RERA compliance and project management
3. Property Leasing: Necessary when the LLC's business model includes leasing properties, detailing leasing policies and procedures
4. Financing Arrangements: Include when the LLC plans to use debt financing, detailing procedures for obtaining and managing loans
5. Joint Ventures: Required when the LLC plans to participate in joint ventures with other entities
6. Succession Planning: Important for family-owned real estate LLCs, detailing inheritance and succession procedures
7. Environmental Compliance: Necessary when dealing with properties requiring environmental clearances or compliance
8. Intellectual Property: Include when the LLC owns or uses specific branding or property management software
9. Employee Management: Required when the LLC will have direct employees for property management
1. Schedule A - Member Information: Detailed information about members including contact details, capital contributions, and ownership percentages
2. Schedule B - Property Schedule: List and details of all properties owned or managed by the LLC
3. Schedule C - Initial Capital Contributions: Detailed breakdown of initial capital contributions including property valuations
4. Schedule D - Management Structure: Detailed organizational chart and management responsibilities
5. Schedule E - Fee Structure: Details of management fees, property maintenance fees, and other regular charges
6. Appendix 1 - Property Management Procedures: Detailed procedures for day-to-day property management
7. Appendix 2 - Compliance Checklist: Checklist of regulatory requirements and compliance procedures
8. Appendix 3 - Forms and Notices: Standard forms for member notifications, property transactions, and other regular communications
9. Appendix 4 - Valuation Methodology: Agreed methods for valuing properties and membership interests
Authors
Additional Capital Contribution
Adjusted Capital Account
Affiliate
Agreement
Annual Budget
Applicable Law
Appraised Value
Asset Management Fee
Authorized Representative
Board of Directors
Business Day
Business Plan
Capital Account
Capital Contribution
Carpet Area
Certificate of Formation
Change in Control
Company Assets
Company Property
Confidential Information
Construction Budget
Contributing Member
Default Rate
Defaulting Member
Development Project
Distributable Cash
Effective Date
Encumbrance
Event of Default
Fair Market Value
Fiscal Year
Force Majeure
Foreign Investment
Governing Body
Gross Asset Value
Initial Capital Contribution
Interest Rate
Land Bank
Lien
Limited Liability Company
Liquidation
Major Decisions
Management Committee
Managing Member
Member
Membership Interest
Net Income
Net Loss
Non-Contributing Member
Operating Expenses
Percentage Interest
Permitted Transfer
Person
Project
Property Management Agreement
Property Manager
Qualified Appraiser
RERA
Registered Office
Related Party
Required Consent
Reserve Account
Restricted Area
Right of First Refusal
Sale Property
Special Resolution
Super Majority
Tax Year
Term
Transfer
Transferee
Transferor
Unanimous Consent
Valuation Date
Voting Interest
Purpose and Scope
Capital Contributions
Membership Interests
Management Rights
Voting Rights
Property Management
Asset Acquisition
Development Rights
Financial Management
Profit Distribution
Loss Allocation
Transfer Restrictions
Right of First Refusal
Tag-Along Rights
Drag-Along Rights
Exit Rights
Termination
Dissolution
Buy-Sell Provisions
Books and Records
Audit Rights
Confidentiality
Non-Competition
Non-Solicitation
Intellectual Property
Regulatory Compliance
Environmental Compliance
Insurance
Indemnification
Force Majeure
Dispute Resolution
Governing Law
Notices
Amendment Procedures
Assignment
Severability
Entire Agreement
Property Valuation
Development Projects
Asset Disposal
Foreign Investment
Related Party Transactions
Meeting Procedures
Deadlock Resolution
Risk Management
Default Provisions
Remedies
Real Estate
Property Development
Construction
Property Management
Real Estate Investment
Commercial Property
Residential Property
Industrial Property
Property Technology
Real Estate Finance
Urban Planning
Infrastructure Development
Legal
Real Estate Operations
Property Management
Finance
Compliance
Corporate Governance
Business Development
Investment
Asset Management
Risk Management
Project Development
CEO
Managing Director
Real Estate Developer
Property Manager
Legal Counsel
Company Secretary
Chief Financial Officer
Operations Director
Investment Manager
Asset Manager
Compliance Officer
Real Estate Portfolio Manager
Development Director
Property Acquisition Manager
Business Development Manager
Risk Manager
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