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Equity Sharing Agreement (Real Estate)
"I need an Equity Sharing Agreement (Real Estate) for a three-way investment in a commercial property in Auckland, with ownership split 40-30-30 between two individual investors and a property investment company, including provisions for property development and future sale."
1. Parties: Identifies and provides full details of all parties entering into the equity sharing arrangement
2. Background: Sets out the context of the agreement, including the property details and the parties' intention to enter into an equity sharing arrangement
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Property Details: Specific details of the subject property, including legal description and title references
5. Ownership Structure: Defines the ownership percentages and type of ownership (e.g., tenants in common)
6. Financial Contributions: Details initial and ongoing financial contributions from each party
7. Management and Decision Making: Procedures for property-related decisions and management responsibilities
8. Costs and Expenses: Allocation of property-related expenses, maintenance costs, and other outgoings
9. Distribution of Income: How rental income or other property-derived income will be shared
10. Sale and Exit Provisions: Process for selling the property or one party exiting the arrangement
11. Dispute Resolution: Procedures for resolving disagreements between the parties
12. General Provisions: Standard contract clauses including notices, amendments, and governing law
1. Mortgage and Financing: Required if the property purchase involves external financing or mortgages
2. Rental Management: Needed if the property will be rented out to tenants
3. Property Development: Include if parties plan to develop or significantly renovate the property
4. Death or Incapacity: Special provisions for handling ownership in case of death or incapacity of a party
5. First Right of Refusal: Option for existing parties to purchase others' shares before external sale
6. Valuation Mechanism: Specific procedures for property valuation in case of dispute or exit
7. Insurance Requirements: Detailed insurance obligations if specific coverage is required
8. Tax Treatment: Special provisions for handling tax implications if complex arrangements exist
1. Schedule 1: Property Details: Detailed property information including title details, certificates, and property condition report
2. Schedule 2: Financial Contributions: Detailed breakdown of each party's initial and committed future contributions
3. Schedule 3: Ownership Percentages: Detailed calculation and breakdown of ownership shares
4. Schedule 4: Expense Allocation: Detailed breakdown of how various expenses are to be shared
5. Schedule 5: Management Procedures: Detailed procedures for property management and decision-making
6. Appendix A: Property Valuation: Initial property valuation report
7. Appendix B: Property Plans: Property plans, drawings, and relevant certificates
8. Appendix C: Mortgage Details: If applicable, details of any mortgage or financing arrangements
Authors
Property
Title
Certificate of Title
Ownership Share
Ownership Interest
Equity Share
Co-owners
Parties
Commencement Date
Settlement Date
Initial Contribution
Capital Contribution
Operating Expenses
Outgoings
Property Manager
Management Fee
Fair Market Value
Valuation Date
Independent Valuer
Maintenance
Major Maintenance
Improvements
Rental Income
Net Income
Distribution
Exit Event
Transfer
Encumbrance
Mortgage
Security Interest
Business Day
GST
Default Event
Force Majeure
Notice
Dispute
Resolution Process
Confidential Information
Related Party
Special Resolution
Ordinary Resolution
Term
Land
Improvements
Common Areas
Exclusive Use Areas
Registered Valuer
Due Diligence
Permitted Use
Bank Account
Ownership Structure
Property Title
Financial Contributions
Capital Contributions
Mortgage and Financing
Property Management
Decision Making
Maintenance and Repairs
Income Distribution
Expense Allocation
Insurance
Transfer Restrictions
Right of First Refusal
Exit Rights
Buy-Out Provisions
Property Sale
Valuation
Default and Remedies
Death or Incapacity
Dispute Resolution
Confidentiality
Force Majeure
Notices
Assignment
Amendments
Severability
Entire Agreement
Governing Law
GST
Tax Matters
Indemnification
Property Use
Property Development
Record Keeping
Bank Accounts
Reporting Requirements
Property Access
Property Insurance
Termination
Real Estate
Property Development
Financial Services
Property Investment
Property Management
Legal Services
Banking
Construction
Urban Development
Legal
Real Estate
Investment
Property Management
Finance
Compliance
Risk Management
Portfolio Management
Business Development
Operations
Property Lawyer
Real Estate Agent
Property Investment Manager
Financial Advisor
Property Developer
Legal Counsel
Investment Analyst
Property Portfolio Manager
Trust Manager
Conveyancing Lawyer
Real Estate Investment Director
Property Fund Manager
Compliance Officer
Risk Manager
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