Real Estate Investment Agreement Template for Malaysia

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Key Requirements PROMPT example:

Real Estate Investment Agreement

"I need a Real Estate Investment Agreement for a foreign investment company acquiring a commercial property in Kuala Lumpur's Golden Triangle area, with completion planned for March 2025. The agreement should include specific provisions for foreign ownership compliance and property management arrangements."

Document background
The Real Estate Investment Agreement is a crucial document used in Malaysian property transactions to structure and formalize investment arrangements in real estate assets. It is particularly relevant when multiple investors are involved in acquiring, developing, or managing Malaysian real estate properties. The agreement must comply with Malaysian legal requirements, including the National Land Code 1965, Real Property Gains Tax Act 1976, and foreign investment regulations. This document is essential for both domestic and international investments in Malaysian property, covering aspects such as investment terms, management rights, profit distribution, and exit strategies. The agreement is commonly used in various property sectors including commercial, residential, industrial, and mixed-use developments, and can be adapted to accommodate both conventional and Islamic finance structures common in the Malaysian market.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names, registration numbers, and addresses

2. Background: Context of the investment, including property details and investment objectives

3. Definitions: Comprehensive definitions of terms used throughout the agreement

4. Investment Structure: Details of the investment amount, ownership structure, and investment mechanics

5. Property Details: Specific information about the real estate asset(s) including legal description and encumbrances

6. Investment Terms: Key terms including investment period, returns structure, and distribution policy

7. Management and Control: Rights and obligations regarding property management and decision-making

8. Representations and Warranties: Standard and property-specific representations from all parties

9. Covenants: Ongoing obligations of the parties

10. Risk Allocation: Distribution of risks and responsibilities between parties

11. Term and Termination: Duration of agreement and termination circumstances

12. Exit Mechanisms: Procedures for disposal of investment or withdrawal of investors

13. Governing Law and Dispute Resolution: Specification of Malaysian law governance and dispute resolution procedures

Optional Sections

1. Environmental Matters: Additional section when the property has specific environmental considerations or risks

2. Development Rights: Required when the investment includes property development opportunities

3. Strata Title Provisions: Necessary for investments in stratified properties

4. Foreign Investment Provisions: Required when foreign investors are involved

5. Shariah Compliance: Required for Islamic investment structures

6. Property Management Agreement: Optional section for detailed property management arrangements

7. Insurance: Detailed insurance requirements beyond standard coverage

8. Co-Investment Rights: Terms for additional investment opportunities for existing investors

Suggested Schedules

1. Property Details Schedule: Detailed legal description of property, including title details and encumbrances

2. Investment Schedule: Detailed breakdown of investment amounts, timing, and investor details

3. Financial Terms Schedule: Detailed financial terms including fee structures and distribution waterfall

4. Due Diligence Results: Summary of key due diligence findings and outstanding matters

5. Management Scope Schedule: Detailed scope of property management services and responsibilities

6. Regulatory Approvals: List of required approvals and their status

7. Form of Transfer Documents: Templates for property transfer documentation

8. Service Providers: List of approved service providers and their roles

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Financial Services

Investment Management

Construction

Hospitality

Retail

Commercial Property

Industrial Property

Residential Property

Infrastructure

Relevant Teams

Legal

Investment

Real Estate

Finance

Compliance

Risk Management

Asset Management

Property Management

Business Development

Corporate Strategy

Due Diligence

Relevant Roles

Investment Manager

Real Estate Director

Legal Counsel

Property Manager

Chief Investment Officer

Chief Financial Officer

Asset Manager

Development Manager

Risk Manager

Compliance Officer

Investment Analyst

Portfolio Manager

Managing Director

Real Estate Partner

Transaction Manager

Industries
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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