Real Estate Joint Venture Agreement Template for Indonesia

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Key Requirements PROMPT example:

Real Estate Joint Venture Agreement

"I need a Real Estate Joint Venture Agreement for a collaboration between our Singapore-based investment company and a local Indonesian developer to build a mixed-use commercial complex in Jakarta, with construction planned to start in March 2025, where we'll be contributing 45% of the capital."

Document background

The Real Estate Joint Venture Agreement is essential for structuring property development collaborations in Indonesia, where complex regulatory requirements necessitate careful consideration of both joint venture and real estate-specific regulations. This document is typically used when two or more parties wish to combine their resources, expertise, and capital for real estate development projects while complying with Indonesian investment laws, including the Investment Law (Law No. 25 of 2007) and property regulations. It's particularly relevant for projects involving foreign investment, given Indonesia's restricted foreign ownership rules in the property sector. The agreement covers crucial elements such as land rights, development planning, capital structure, profit sharing, and management control, while ensuring compliance with local licensing requirements and ownership restrictions. It's designed to provide a comprehensive framework for the entire project lifecycle, from land acquisition through development to property management or disposition.

Suggested Sections

1. Parties: Identification of the joint venture partners, including their legal status and registered addresses

2. Background: Context of the joint venture, including the purpose of the collaboration and brief description of the real estate project

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

4. Joint Venture Structure: Legal structure of the joint venture, including company formation, shareholding ratios, and registration requirements

5. Capital Contributions: Details of initial and subsequent capital contributions, including land, cash, and other assets

6. Project Description: Detailed description of the real estate project, including location, scope, and development plans

7. Land Rights and Ownership: Specifics about the project land, including title status, transfer mechanisms, and ownership structure

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

9. Development and Construction: Construction planning, timeline, responsibilities, and quality standards

10. Financing: Project financing structure, funding obligations, and profit distribution

11. Responsibilities and Obligations: Specific duties and obligations of each party in the joint venture

12. Representations and Warranties: Standard and specific warranties given by each party

13. Risk Allocation: Distribution of risks between parties and risk management procedures

14. Term and Termination: Duration of the agreement and circumstances for termination

15. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law

16. Confidentiality: Protection of confidential information and trade secrets

17. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Pre-Development Phase: Used when the project requires detailed planning and approval phases before development can commence

2. Project Marketing: Include when the agreement covers marketing and sales responsibilities

3. Environmental Compliance: Required for projects with significant environmental impact or requirements

4. Foreign Investment Provisions: Necessary when foreign investors are involved, addressing specific regulatory requirements

5. Intellectual Property Rights: Include when the project involves significant branding or proprietary technology

6. Community Relations: Important for projects requiring significant community engagement or social impact management

7. Force Majeure: Detailed provisions for unforeseen circumstances affecting project development

8. Exit Mechanisms: Detailed procedures for party exit, including buy-out provisions and valuation methods

9. Property Management: Include when the agreement covers post-development management of the property

Suggested Schedules

1. Land Details: Legal description of the land, including certificates, boundaries, and existing encumbrances

2. Project Masterplan: Detailed development plans, drawings, and specifications

3. Capital Structure: Detailed breakdown of capital contributions, shareholding structure, and funding schedule

4. Development Timeline: Project phases, milestones, and completion dates

5. Financial Projections: Budget, cost estimates, and revenue projections

6. Required Permits: List of required governmental and regulatory approvals

7. Management Structure: Organizational chart and key personnel responsibilities

8. Technical Specifications: Detailed construction and quality specifications

9. Environmental Impact Assessment: Environmental studies and mitigation plans

10. Form of Shareholder Agreement: Template for the detailed shareholder agreement if separate from main JV agreement

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Construction

Property Development

Infrastructure

Hospitality

Retail

Commercial Property

Industrial Development

Urban Planning

Tourism

Mixed-Use Development

Relevant Teams

Legal

Real Estate Development

Investment

Finance

Corporate Development

Compliance

Risk Management

Project Management

Business Development

Construction Management

Property Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Real Estate Development Director

Investment Manager

Project Director

Property Development Manager

Legal Counsel

Corporate Lawyer

Finance Director

Land Acquisition Manager

Business Development Director

Construction Manager

Risk Management Officer

Compliance Officer

Joint Venture Manager

Property Portfolio Manager

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