Real Estate Joint Venture Agreement Template for Austria

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Key Requirements PROMPT example:

Real Estate Joint Venture Agreement

"I need a Real Estate Joint Venture Agreement for a partnership between our Austrian development company and a German investment fund to develop a mixed-use commercial property in Vienna, with construction starting in March 2025."

Document background
The Real Estate Joint Venture Agreement is a crucial document used when two or more parties wish to combine their resources, expertise, and capital for real estate ventures in Austria. This agreement is particularly relevant when parties seek to jointly develop, invest in, or manage real estate assets while maintaining clear governance structures and risk allocation. It must comply with Austrian legal requirements, including the ABGB (Civil Code), UGB (Commercial Code), and various real estate regulations. The document typically includes detailed provisions for capital contributions, profit sharing, management rights, property development plans, and exit strategies. It's especially important for cross-border investments, where international parties need to ensure compliance with Austrian foreign investment laws and real estate transfer regulations.
Suggested Sections

1. Parties: Identification of all parties to the joint venture agreement

2. Background: Context of the joint venture and parties' intentions

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Formation of Joint Venture: Legal structure, name, and purpose of the joint venture

5. Real Estate Assets: Description of the real estate assets involved and their treatment

6. Capital Contributions: Details of initial and future capital contributions from each party

7. Ownership and Distribution: Ownership structure, profit sharing, and distribution policies

8. Management and Control: Governance structure, decision-making processes, and voting rights

9. Operations: Day-to-day management, business plan, and operational procedures

10. Real Estate Management: Property management, maintenance, and development responsibilities

11. Financial Matters: Accounting, reporting, and financial management requirements

12. Transfer Restrictions: Limitations on transfer of interests and real estate assets

13. Term and Termination: Duration of the joint venture and termination provisions

14. Dissolution and Liquidation: Process for winding up the joint venture and asset distribution

15. Confidentiality: Protection of confidential information

16. Governing Law and Jurisdiction: Confirmation of Austrian law application and dispute resolution

17. General Provisions: Miscellaneous legal provisions including notices, amendments, etc.

Optional Sections

1. Development Project: Include when the joint venture involves real estate development activities

2. Foreign Investment Provisions: Required when any party is a non-Austrian entity

3. Financing Arrangements: Include when external financing is part of the venture structure

4. Property Management Services: Required when specific property management arrangements are needed

5. Environmental Matters: Include when environmental risks or considerations are significant

6. Tax Structure: Include detailed tax provisions when complex tax structures are involved

7. Employment Matters: Required when the JV will have direct employees

8. Insurance: Detailed insurance requirements when significant insurance coverage is needed

9. Intellectual Property: Include when IP rights are relevant to the venture

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of all real estate assets including land registry details

2. Schedule 2 - Capital Contributions: Detailed breakdown of each party's capital contributions

3. Schedule 3 - Business Plan: Initial business plan and financial projections

4. Schedule 4 - Management Structure: Detailed governance and management procedures

5. Schedule 5 - Property Management Agreement: Terms of property management if applicable

6. Schedule 6 - Development Plan: Details of any planned development or renovation works

7. Schedule 7 - Warranties: Specific warranties given by each party

8. Schedule 8 - Reserved Matters: List of decisions requiring special approval

9. Appendix A - Form of Shareholder Resolution: Template for shareholder resolutions

10. Appendix B - Power of Attorney: Standard form of power of attorney if required

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

Construction

Property Investment

Commercial Property

Residential Property

Infrastructure

Urban Development

Hospitality

Retail Property

Industrial Property

Mixed-use Development

Relevant Teams

Legal

Real Estate

Finance

Investment

Development

Asset Management

Risk Management

Commercial

Operations

Compliance

Construction

Property Management

Corporate Development

Strategy

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Real Estate Director

Development Director

Investment Manager

Property Manager

Legal Counsel

Commercial Director

Asset Manager

Project Manager

Risk Manager

Acquisitions Manager

Portfolio Manager

Construction Manager

Head of Real Estate

Managing Partner

General Counsel

Finance Director

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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