Offering Memorandum (Real Estate) Template for Austria

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Key Requirements PROMPT example:

Offering Memorandum (Real Estate)

"I need a Real Estate Offering Memorandum for a fully-leased office building in Vienna's business district, targeting institutional investors with a minimum investment of €5 million, with planned closing in March 2025; document must emphasize the stable tenant profile and guaranteed income streams."

Document background
An Offering Memorandum (Real Estate) is a formal document used in Austrian real estate transactions to present a property investment opportunity to potential investors. It serves as the primary marketing and disclosure document, containing detailed information about the property, market conditions, financial projections, risk factors, and legal considerations. The document must comply with Austrian regulatory requirements, including the ABGB, ImmoESt, and relevant EU directives. It is typically used when seeking institutional investors, private equity, or when marketing significant commercial or residential properties. The memorandum provides comprehensive due diligence information and forms the basis for investment decisions, often being subject to strict liability standards under Austrian securities laws.
Suggested Sections

1. Important Information and Disclaimer: Legal disclaimers, regulatory statements, and information about the nature of the offering

2. Executive Summary: Brief overview of the investment opportunity, key highlights, and essential terms

3. Market Overview: Analysis of the relevant real estate market, including trends, demographics, and economic factors

4. Property Description: Detailed description of the property, including location, physical characteristics, and current condition

5. Investment Highlights: Key selling points and value propositions of the investment opportunity

6. Technical Information: Building specifications, construction details, and technical assessments

7. Financial Information: Current and projected financial performance, including income, expenses, and returns

8. Risk Factors: Comprehensive disclosure of all material risks associated with the investment

9. Legal and Tax Considerations: Overview of relevant legal and tax implications for investors

10. Transaction Structure: Details of the proposed investment structure and terms

11. Management and Operations: Information about property management and operational considerations

12. Investment Process: Steps for participating in the offering and timeline

Optional Sections

1. Development Potential: Include when the property has significant development or renovation opportunities

2. Environmental Assessment: Include when environmental factors are material to the investment decision

3. Tenant Profile: Include for properties with existing tenants or lease agreements

4. Competitive Analysis: Include when market positioning is a key factor in the investment thesis

5. Zoning and Planning: Include when future development or use restrictions are material

6. Historical Performance: Include for properties with significant operating history

7. Exit Strategy: Include when specific exit opportunities are identified or planned

Suggested Schedules

1. Appendix A - Detailed Financial Statements: Historical and projected financial statements, including cash flows and assumptions

2. Appendix B - Property Photos and Plans: Comprehensive visual documentation of the property

3. Appendix C - Technical Due Diligence Reports: Engineering, structural, and building condition reports

4. Appendix D - Title Documentation: Land register excerpts and ownership structure documentation

5. Appendix E - Market Research Reports: Detailed third-party market analysis and research

6. Appendix F - Legal Documentation: Relevant permits, licenses, and material contracts

7. Appendix G - Environmental Reports: Environmental assessments and certificates

8. Appendix H - Lease Agreements: Copies or summaries of existing lease agreements

9. Appendix I - Valuation Reports: Independent property valuations and methodologies

10. Appendix J - Tax Structure Analysis: Detailed tax implications and structure considerations

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

Commercial Property

Residential Property

Industrial Property

Retail Property

Hospitality

Mixed-Use Development

Property Development

Real Estate Investment

Real Estate Finance

Construction

Property Management

Relevant Teams

Legal

Finance

Investment

Real Estate

Compliance

Risk Management

Asset Management

Property Management

Development

Acquisitions

Due Diligence

Marketing

Research

Valuations

Relevant Roles

Real Estate Investment Manager

Property Director

Chief Investment Officer

Legal Counsel

Financial Controller

Asset Manager

Fund Manager

Investment Analyst

Property Manager

Development Director

Acquisitions Manager

Portfolio Manager

Risk Manager

Compliance Officer

Real Estate Analyst

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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