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Bilateral Investment Agreement

Bilateral Investment Agreement Template for New Zealand

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Key Requirements PROMPT example:

Bilateral Investment Agreement

"I need a Bilateral Investment Agreement under New Zealand law for a renewable energy project, where a Singapore-based investment company will invest in a wind farm development in Wellington, with completion targeted for March 2025."

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Document background
The Bilateral Investment Agreement serves as a crucial legal instrument for structuring and protecting cross-border investments in New Zealand. This document type is typically used when establishing significant investment relationships between foreign and New Zealand-based entities, requiring compliance with the Overseas Investment Act 2005 and other relevant New Zealand legislation. It addresses key aspects such as investment protection, fund transfers, dispute resolution, and regulatory compliance, while providing flexibility to accommodate specific industry requirements and investment structures. The agreement is particularly important in contexts where substantial foreign investment is being made into New Zealand assets or businesses, requiring careful consideration of both investor protection and national interest factors.
Suggested Sections

1. Parties: Identification of the contracting parties, including their legal status and jurisdiction

2. Background: Context of the agreement, relationship between parties, and purpose of the investment

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Scope and Application: Defines the scope of investments covered and territorial application

5. Investment Protection: Core provisions on investment protection, including fair and equitable treatment, protection against expropriation

6. Treatment of Investments: Standards of treatment including national treatment and most-favored-nation treatment

7. Transfer of Funds: Provisions regarding the transfer of investment-related funds, profits, and capital

8. Dispute Resolution: Mechanisms for resolving disputes between investors and state or between parties

9. Duration and Termination: Term of the agreement, renewal provisions, and termination procedures

10. Governing Law: Specification of New Zealand law as governing law and relevant jurisdictional matters

11. Execution: Signature blocks and execution formalities

Optional Sections

1. Specific Industry Provisions: Additional provisions specific to regulated industries (e.g., financial services, telecommunications)

2. Environmental and Social Responsibility: Provisions regarding environmental protection and social responsibility standards

3. Force Majeure: Provisions dealing with extraordinary events affecting investment performance

4. Intellectual Property Rights: Specific provisions regarding protection of intellectual property related to investments

5. Security Interests: Provisions regarding creation and enforcement of security interests over investment assets

6. Competition Law Compliance: Specific provisions ensuring compliance with competition laws

7. Anti-Corruption Provisions: Detailed anti-corruption and compliance requirements

8. Change of Control: Provisions dealing with changes in ownership or control of the investment

Suggested Schedules

1. Schedule 1 - Investment Details: Detailed description of the investment, including assets, business operations, or project scope

2. Schedule 2 - Financial Terms: Specific financial terms, including investment amounts, payment schedules, and financial obligations

3. Schedule 3 - Performance Metrics: Key performance indicators and measurement criteria for the investment

4. Schedule 4 - Due Diligence Requirements: List of due diligence requirements and documentation

5. Schedule 5 - Regulatory Approvals: List of required regulatory approvals and compliance requirements

6. Appendix A - Corporate Documents: Copies of relevant corporate documents and certificates

7. Appendix B - Investment Timeline: Detailed timeline for investment implementation and key milestones

8. Appendix C - Reporting Requirements: Templates and specifications for required reporting

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
Agreement
Affiliate
Applicable Law
Business Day
Change of Control
Claim
Completion Date
Confidential Information
Consent
Control
Dispute
Effective Date
Encumbrance
Event of Default
Force Majeure Event
Government Authority
Investment
Investment Period
Investment Returns
Investor
Material Adverse Effect
New Zealand Law
Overseas Investment Office
Overseas Person
Permitted Transfer
Protected Information
Regulatory Approval
Related Party
Relevant Interest
Representatives
Sensitive Land
Significant Business Assets
Strategic Assets
Subsidiary
Tax
Term
Territory
Transaction Documents
Transfer
Working Capital
Clauses
Interpretation
Investment Protection
Fair and Equitable Treatment
Most Favored Nation Treatment
National Treatment
Expropriation and Compensation
Transfer of Funds
Dispute Resolution
Arbitration
Governing Law
Foreign Investment Approvals
Regulatory Compliance
Due Diligence
Representations and Warranties
Confidentiality
Force Majeure
Change of Control
Assignment
Investment Requirements
Performance Standards
Environmental Compliance
Labor Standards
Tax and Duties
Intellectual Property
Insurance
Record Keeping
Reporting Requirements
Anti-corruption
Sanctions Compliance
Term and Termination
Amendment
Notices
Severability
Entire Agreement
Counterparts
Further Assurance
Relevant Industries

Financial Services

Infrastructure

Agriculture

Technology

Manufacturing

Real Estate

Energy

Mining and Natural Resources

Healthcare

Telecommunications

Transport and Logistics

Renewable Energy

Tourism and Hospitality

Education

Relevant Teams

Legal

Finance

Compliance

Risk Management

Corporate Development

Investment

International Business

Strategy

Regulatory Affairs

Corporate Secretariat

Business Development

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Investment Director

Corporate Counsel

Investment Manager

Compliance Officer

Risk Manager

Business Development Director

Corporate Secretary

Foreign Investment Advisor

Regulatory Affairs Manager

International Business Manager

Strategy Director

Partnership Manager

Industries
Overseas Investment Act 2005: Primary legislation governing foreign investment in New Zealand, including consent requirements for overseas investments in sensitive assets
Contract and Commercial Law Act 2017: Provides the fundamental legal framework for formation and enforcement of contracts in New Zealand
Arbitration Act 1996: Governs international arbitration proceedings and enforcement of arbitral awards, crucial for dispute resolution in international investments
Fair Trading Act 1986: Ensures fair trading practices and prohibits misleading conduct in trade, relevant for investment agreements and representations
Anti-Money Laundering and Countering Financing of Terrorism Act 2009: Relevant for international financial transactions and investment verification requirements
Income Tax Act 2007: Contains provisions regarding taxation of foreign investments and cross-border transactions
Financial Markets Conduct Act 2013: Regulates financial products and services, relevant if the investment involves financial market activities
Commerce Act 1986: Deals with competition law aspects which may be relevant for certain types of investments
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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