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Investment Protection Agreement

Investment Protection Agreement Template for Austria

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Key Requirements PROMPT example:

Investment Protection Agreement

"I need an Investment Protection Agreement under Austrian law for a renewable energy project, where a German investment fund is investing €50 million in an Austrian solar farm development, with expected project completion in March 2025."

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Document background
The Investment Protection Agreement serves as a crucial legal instrument for securing and regulating investments in Austria, particularly in cases involving foreign direct investment or significant domestic investments. This document type is essential when parties seek to establish clear legal protections for their investments while ensuring compliance with Austrian law, EU regulations, and international investment standards. The agreement typically becomes relevant when investing in regulated sectors, during cross-border transactions, or when establishing significant business operations in Austria. It addresses various aspects including investment protection standards, regulatory compliance requirements, dispute resolution mechanisms, and specific sectoral obligations. The document must align with the Austrian Investment Control Act (Investitionskontrollgesetz) and related EU frameworks, while also considering any applicable bilateral investment treaties.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, registration details, and addresses

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

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

4. Scope of Investment: Detailed description of the investment(s) covered by the agreement

5. Investment Protection Standards: Core protections including fair and equitable treatment, full protection and security, non-discrimination

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

7. Expropriation Protection: Provisions protecting against direct and indirect expropriation

8. Free Transfer of Funds: Rules regarding the transfer of investment-related funds

9. Dispute Resolution: Procedures for resolving disputes between parties

10. Duration and Termination: Term of the agreement and conditions for termination

11. Governing Law: Specification of Austrian law as governing law and relevant jurisdictional provisions

12. Notices: Process and requirements for formal communications between parties

13. Entire Agreement: Confirmation that the document represents the complete agreement between parties

Optional Sections

1. Stabilization Clause: Protection against changes in law affecting the investment, used when investing in sectors with high regulatory risk

2. Environmental Obligations: Specific environmental requirements and standards, included when the investment involves environmental considerations

3. Labor Standards: Requirements regarding employment practices, included when the investment involves significant workforce considerations

4. Anti-Corruption Provisions: Specific anti-corruption obligations, included for high-risk jurisdictions or sectors

5. Force Majeure: Provisions dealing with extraordinary events, included when specific risk factors are identified

6. Intellectual Property Rights: Provisions protecting IP rights, included when the investment involves significant IP

7. Confidentiality: Detailed confidentiality obligations, included when sensitive information is involved

8. Competition Law Compliance: Specific provisions ensuring compliance with competition laws, included when relevant to the investment sector

Suggested Schedules

1. Investment Details: Detailed description of the investment assets, amounts, and structure

2. Corporate Information: Corporate documentation and ownership structure of relevant entities

3. Due Diligence Results: Summary of key due diligence findings and any resulting obligations

4. Regulatory Approvals: List of required regulatory approvals and their status

5. Performance Standards: Specific performance metrics and standards applicable to the investment

6. Security Documents: Details of any security arrangements or guarantees

7. Insurance Requirements: Specified insurance coverage requirements and proof of insurance

8. Contact Details: List of key contacts and authorized representatives for both parties

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
Austrian Law
Business Day
Confidential Information
Control
Dispute
Effective Date
Encumbrance
Event of Default
Expropriation
Fair Market Value
Force Majeure Event
Governmental Authority
Investment
Investment Assets
Investment Returns
Investor
Material Adverse Effect
Parties
Protected Information
Regulatory Approval
Representatives
Security Interest
Subsidiary
Tax
Territory
Transfer
Working Day
Change of Control
Competent Authority
Dispute Resolution Procedure
EU Regulations
Fair and Equitable Treatment
Investment Vehicle
Local Operating Company
Most Favored Nation Treatment
National Treatment
Operating License
Performance Standards
Qualifying Investment
Related Agreements
Required Consents
Sanctions
Signing Date
Termination Event
Transaction Documents
Warranties
Clauses
Investment Protection
Fair and Equitable Treatment
Most Favored Nation
National Treatment
Expropriation Protection
Dispute Resolution
Governing Law
Force Majeure
Confidentiality
Transfer of Funds
Regulatory Compliance
Anti-Corruption
Sanctions Compliance
Change of Control
Termination
Assignment
Notices
Amendments
Severability
Entire Agreement
Representations and Warranties
Tax
Environmental Protection
Labor Standards
Insurance
Security Interests
Competition Law
Intellectual Property
Data Protection
Reporting Requirements
Performance Standards
Due Diligence
Investment Returns
Currency Conversion
Stabilization
Indemnification
Dispute Resolution
Waiver
Third Party Rights
Survival
Relevant Industries

Manufacturing

Technology

Real Estate

Infrastructure

Energy

Financial Services

Healthcare

Telecommunications

Renewable Energy

Transportation

Agriculture

Mining

Biotechnology

Digital Services

Construction

Relevant Teams

Legal

Compliance

Investment

Risk Management

Corporate Development

Finance

Regulatory Affairs

Strategy

Business Development

Corporate Governance

International Operations

Due Diligence

Treasury

Relevant Roles

Chief Investment Officer

Legal Counsel

Investment Director

Compliance Officer

Risk Manager

Corporate Strategy Director

Chief Financial Officer

Investment Analyst

Regulatory Affairs Manager

General Counsel

Business Development Director

Portfolio Manager

Corporate Development Manager

Managing Director

Investment Relations Manager

Industries
Austrian Investment Control Act (Investitionskontrollgesetz): Regulates foreign direct investments in Austrian companies, including screening mechanisms for investments from non-EU countries
Austrian Civil Code (ABGB - Allgemeines Bürgerliches Gesetzbuch): Provides the fundamental legal framework for contracts and obligations under Austrian law
Austrian Commercial Code (UGB - Unternehmensgesetzbuch): Governs commercial relationships and business transactions between enterprises
EU Regulation 2019/452: Framework for screening of foreign direct investments into the EU, which must be considered alongside Austrian national laws
Austrian Arbitration Act: Provides the legal framework for arbitration proceedings in Austria, crucial for dispute resolution clauses in investment agreements
Austrian Foreign Trade Act (Außenwirtschaftsgesetz): Regulates international trade and investment activities, including certain restrictions and reporting requirements
Austrian Stock Exchange Act (Börsegesetz): Relevant if the investment involves listed companies or securities trading
Austrian Capital Market Act (Kapitalmarktgesetz): Governs capital market activities and investments, including public offerings and investor protection measures
Bilateral Investment Treaties (BITs): Various bilateral investment treaties Austria has signed with other countries, providing specific protections for international investments
Austrian Anti-Money Laundering Act (FM-GwG): Establishes due diligence requirements and preventive measures for investments to prevent money laundering
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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