The Real Estate Joint Venture Agreement is a crucial document used when two or more parties wish to collaborate on real estate projects in Malaysia. It is particularly relevant for complex property developments, large-scale investments, or when combining different types of contributions (such as land, capital, or expertise). The agreement must comply with Malaysian legal requirements, including the National Land Code 1965, Contracts Act 1950, and relevant state land rules. It typically includes detailed provisions for property development, management structures, profit sharing, and exit mechanisms. This document is essential for both domestic and international investments, requiring careful consideration of foreign investment restrictions, Bumiputera ownership requirements, and state-specific regulations. The agreement serves as the foundational document governing the entire joint venture relationship throughout the project lifecycle.
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1. Parties: Identification of the joint venture parties with full legal names and registration details
2. Background: Context of the joint venture, including property details and parties' intentions
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Joint Venture Structure: Legal structure of the JV, ownership percentages, and initial capital contributions
5. Property Details and Title: Detailed description of the real estate, title particulars, and encumbrances
6. Contributions: Specific contributions of each party (land, capital, expertise, etc.)
7. Management and Control: Decision-making processes, management structure, and voting rights
8. Development and Operation: Project development plans, timelines, and operational procedures
9. Financial Provisions: Capital calls, funding mechanisms, and profit/loss sharing arrangements
10. Distribution Policy: Rules for distribution of profits and handling of losses
11. Transfer Restrictions: Limitations on transfer of interests and right of first refusal provisions
12. Term and Termination: Duration of the JV and circumstances for termination
13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
14. General Provisions: Standard clauses including notices, amendments, and severability
1. Foreign Investment Provisions: Required when one or more parties are foreign entities, addressing FIC guidelines and restrictions
2. Development Agreement: Needed when the JV involves property development, including construction and marketing obligations
3. Property Management: Include when the JV involves ongoing property management after development
4. Environmental Compliance: Required when the property requires environmental assessment or remediation
5. Islamic Finance Provisions: Include when the JV needs to be Shariah-compliant
6. Bumiputera Requirements: Required when the project must comply with Bumiputera ownership quotas
7. Pre-emptive Rights: Optional provisions for rights of first refusal on future property sales
8. Intellectual Property: Include when the JV involves branding or proprietary development methods
1. Property Description: Detailed legal description of the property including title details and plans
2. Capital Contributions: Schedule of initial and committed capital contributions from each party
3. Development Plan: Detailed project development timeline and specifications
4. Management Structure: Organizational chart and management procedures
5. Financial Model: Projected financials and return calculations
6. Transfer Procedures: Detailed procedures for interest transfers and valuations
7. Required Approvals: List of required governmental and regulatory approvals
8. Form of Shareholder Resolution: Template for shareholder resolutions
9. Property Due Diligence Report: Summary of property investigations and title searches
10. Service Agreements: Forms of related service agreements to be entered into
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