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Apartment Joint Venture Agreement

Apartment Joint Venture Agreement Template for Germany

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Key Requirements PROMPT example:

Apartment Joint Venture Agreement

"I need an Apartment Joint Venture Agreement for a partnership between a German property developer and a Singapore-based investment fund to develop and manage a 200-unit residential complex in Munich, with the developer holding 30% stake and managing the development process."

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Document background
The Apartment Joint Venture Agreement is a crucial document used when two or more parties wish to collaborate in the German residential property market. It is particularly relevant for projects involving multiple apartment units, whether for development, acquisition, or management purposes. The agreement needs to comply with German property and corporate laws, including the Bürgerliches Gesetzbuch (BGB) and Wohnungseigentumsgesetz (WEG). It typically covers capital contributions, profit sharing, management rights, property-specific provisions, and exit mechanisms. This document is essential for structuring real estate partnerships in Germany's apartment sector and provides the foundation for long-term collaboration between investors, developers, and other stakeholders.
Suggested Sections

1. Parties: Identification and details of all joint venture partners

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

3. Definitions and Interpretation: Key terms used throughout the agreement and interpretation rules

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

5. Purpose and Scope: Specific objectives and permitted activities of the joint venture

6. Capital Contributions: Initial and future contributions, including property assets and cash

7. Ownership and Distribution: Ownership percentages, profit/loss sharing, and distribution rules

8. Management Structure: Decision-making processes, voting rights, and management responsibilities

9. Property Management: Specific provisions for managing the apartment properties

10. Financial Matters: Accounting, budgets, bank accounts, and financial reporting

11. Transfer Restrictions: Limitations on transfer of interests and right of first refusal

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

13. Confidentiality: Protection of confidential information and trade secrets

14. Notices: Communication procedures between parties

15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

16. General Provisions: Standard boilerplate clauses including severability and amendments

Optional Sections

1. Development Provisions: Include when the JV involves property development or renovation

2. Property Acquisition Process: Include when the JV will be acquiring additional properties

3. Financing Arrangements: Include when external financing will be used

4. Asset Management: Include for larger portfolios requiring specific asset management provisions

5. Marketing and Leasing: Include when the JV will handle its own marketing and leasing

6. Environmental Matters: Include when environmental risks need specific attention

7. Insurance: Include detailed insurance provisions for higher-risk projects

8. Intellectual Property: Include when the JV involves branded residences or specific IP

9. Competition Restrictions: Include when partners need to be restricted from competing projects

Suggested Schedules

1. Property Details: Legal descriptions and details of the apartment properties

2. Initial Capital Contributions: Detailed breakdown of each partner's initial contributions

3. Business Plan: Detailed business strategy and operational plans

4. Management Structure Chart: Organizational structure and reporting lines

5. Budget: Initial operating budget and financial projections

6. Property Management Agreement: Terms for property management if handled internally

7. Partner Details: Complete corporate information for all partners

8. Required Consents: List of required regulatory and third-party approvals

9. Form of Shareholder Resolution: Template for shareholder resolutions

10. Service Providers: List of key service providers and their contracts

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
Accounting Period
Additional Capital Contribution
Affiliate
Annual Budget
Apartment Properties
Applicable Law
Asset Management Services
Authorized Representative
Board
Business Day
Business Plan
Capital Account
Capital Contribution
Change of Control
Commencement Date
Company
Completion
Confidential Information
Control
Default Event
Development Plan
Distribution
Encumbrance
Event of Default
Exercise Notice
Exit Event
Fair Market Value
Financial Year
Force Majeure
GmbH
Gross Asset Value
Initial Capital Contribution
Interest
Investment Committee
Investment Period
Joint Venture
Key Person
Lease
Management Agreement
Managing Partner
Material Adverse Change
Member
Net Operating Income
Operating Expenses
Ownership Interest
Partner
Partnership
Performance Fee
Permitted Transfer
Project
Property Management Agreement
Property Manager
Purchase Price
Qualified Appraiser
Related Party
Relevant Interest
Reserved Matters
Right of First Refusal
Services
Share
Shareholder
Tag-Along Right
Target Return
Tax
Term
Territory
Third Party
Transfer
Valuation
WEG Property
Clauses
Formation
Capital Contribution
Ownership Structure
Management Rights
Property Management
Asset Management
Decision Making
Reserved Matters
Financial Arrangements
Profit Distribution
Transfer Restrictions
Right of First Refusal
Tag-Along Rights
Drag-Along Rights
Property Acquisition
Development Rights
Leasing Rights
Representations and Warranties
Confidentiality
Non-Competition
Information Rights
Reporting Obligations
Budget Approval
Business Plan
Insurance
Environmental Compliance
Tax Matters
Default
Force Majeure
Termination
Exit Rights
Deadlock Resolution
Dispute Resolution
Governing Law
Assignment
Notices
Amendment
Severability
Entire Agreement
Third Party Rights
Relevant Industries

Real Estate

Property Development

Construction

Property Management

Investment Management

Private Equity

Asset Management

Residential Property

Property Investment

Urban Development

Relevant Teams

Legal

Real Estate

Investment

Development

Finance

Asset Management

Acquisitions

Property Management

Risk Management

Compliance

Relevant Roles

Real Estate Director

Investment Manager

Property Development Manager

Legal Counsel

Chief Investment Officer

Asset Manager

Managing Director

Development Director

Joint Venture Manager

Real Estate Partner

Property Portfolio Manager

Acquisitions Manager

Chief Financial Officer

Project Manager

Real Estate Analyst

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code - Contains fundamental contract law provisions, property law, and partnership regulations that form the basis of any joint venture agreement
Wohnungseigentumsgesetz (WEG): Condominium Act - Regulates ownership and management of residential property in multi-unit buildings
Handelsgesetzbuch (HGB): German Commercial Code - Relevant for commercial aspects of the joint venture and partnership structures
GmbH-Gesetz: Limited Liability Company Act - Important if the joint venture is structured as a GmbH (common for real estate ventures)
Grunderwerbsteuergesetz (GrEStG): Real Estate Transfer Tax Act - Governs taxation aspects of real estate transactions and transfers within joint ventures
Mietrecht (within BGB): Tenancy Law - Essential for understanding residential letting rights and obligations if the properties will be rented out
Baugesetzbuch (BauGB): Federal Building Code - Relevant for any construction or modification aspects of the apartment project
Makler- und Bauträgerverordnung (MaBV): Real Estate Agent and Commercial Construction Contractors Regulation - Important if the JV involves property development or sales
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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