The Real Estate Investment Agreement is a crucial document used in Malaysian property transactions to structure and formalize investment arrangements in real estate assets. It is particularly relevant when multiple investors are involved in acquiring, developing, or managing Malaysian real estate properties. The agreement must comply with Malaysian legal requirements, including the National Land Code 1965, Real Property Gains Tax Act 1976, and foreign investment regulations. This document is essential for both domestic and international investments in Malaysian property, covering aspects such as investment terms, management rights, profit distribution, and exit strategies. The agreement is commonly used in various property sectors including commercial, residential, industrial, and mixed-use developments, and can be adapted to accommodate both conventional and Islamic finance structures common in the Malaysian market.
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1. Parties: Identification of all parties to the agreement, including full legal names, registration numbers, and addresses
2. Background: Context of the investment, including property details and investment objectives
3. Definitions: Comprehensive definitions of terms used throughout the agreement
4. Investment Structure: Details of the investment amount, ownership structure, and investment mechanics
5. Property Details: Specific information about the real estate asset(s) including legal description and encumbrances
6. Investment Terms: Key terms including investment period, returns structure, and distribution policy
7. Management and Control: Rights and obligations regarding property management and decision-making
8. Representations and Warranties: Standard and property-specific representations from all parties
9. Covenants: Ongoing obligations of the parties
10. Risk Allocation: Distribution of risks and responsibilities between parties
11. Term and Termination: Duration of agreement and termination circumstances
12. Exit Mechanisms: Procedures for disposal of investment or withdrawal of investors
13. Governing Law and Dispute Resolution: Specification of Malaysian law governance and dispute resolution procedures
1. Environmental Matters: Additional section when the property has specific environmental considerations or risks
2. Development Rights: Required when the investment includes property development opportunities
3. Strata Title Provisions: Necessary for investments in stratified properties
4. Foreign Investment Provisions: Required when foreign investors are involved
5. Shariah Compliance: Required for Islamic investment structures
6. Property Management Agreement: Optional section for detailed property management arrangements
7. Insurance: Detailed insurance requirements beyond standard coverage
8. Co-Investment Rights: Terms for additional investment opportunities for existing investors
1. Property Details Schedule: Detailed legal description of property, including title details and encumbrances
2. Investment Schedule: Detailed breakdown of investment amounts, timing, and investor details
3. Financial Terms Schedule: Detailed financial terms including fee structures and distribution waterfall
4. Due Diligence Results: Summary of key due diligence findings and outstanding matters
5. Management Scope Schedule: Detailed scope of property management services and responsibilities
6. Regulatory Approvals: List of required approvals and their status
7. Form of Transfer Documents: Templates for property transfer documentation
8. Service Providers: List of approved service providers and their roles
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