Real Estate Holding Company Operating Agreement for the United States

Real Estate Holding Company Operating Agreement Template for United States

A Real Estate Holding Company Operating Agreement is a legal document that governs the operation and management of a Limited Liability Company formed specifically to own, manage, and operate real estate investments in the United States. This agreement outlines the rights and responsibilities of members, capital contribution requirements, profit distribution mechanisms, and management structure while ensuring compliance with both federal and state-specific LLC regulations. It serves as the foundational document for the company's governance and operations.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Real Estate Holding Company Operating Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Real Estate Holding Company Operating Agreement?

The Real Estate Holding Company Operating Agreement is essential when establishing a Limited Liability Company for real estate investment purposes in the United States. This document is particularly crucial when multiple investors come together to hold and manage real estate assets through a single entity. It addresses critical aspects such as ownership percentages, voting rights, capital calls, distribution of profits, management responsibilities, and transfer restrictions. The agreement must comply with state-specific LLC laws while providing adequate protection for all members' interests and establishing clear operational procedures. It's commonly used for both commercial and residential real estate investments, and can be adapted for various investment strategies, from single-property holdings to extensive real estate portfolios.

What sections should be included in a Real Estate Holding Company Operating Agreement?

1. Parties: Identifies all members and the LLC entity

2. Background/Recitals: States the purpose of forming the real estate holding company and basic intentions

3. Definitions: Defines key terms used throughout the agreement

4. Formation and Name: Details of LLC formation, registered name, and office location

5. Purpose and Powers: Specific real estate holding and management activities permitted

6. Capital Contributions: Initial and additional capital contribution requirements

7. Membership Interests: Allocation of ownership percentages and voting rights

8. Management Structure: Management rights, duties, and decision-making processes

9. Distributions: Rules for profit distribution and loss allocation

10. Transfer Restrictions: Rules regarding transfer of membership interests

What sections are optional to include in a Real Estate Holding Company Operating Agreement?

1. Tax Matters: Special tax elections and procedures for specific tax treatment requirements

2. Property Management: Specific provisions for property management when company actively manages properties

3. Buy-Sell Provisions: Procedures for buying out members when predetermined exit mechanisms are needed

4. Foreign Investment Provisions: FIRPTA compliance measures for cases involving foreign investors

What schedules should be included in a Real Estate Holding Company Operating Agreement?

1. Schedule A - Member Information: Details of members' names, addresses, and initial capital contributions

2. Schedule B - Property Schedule: List of properties owned by the LLC

3. Schedule C - Valuation Methods: Agreed methods for valuing company interests

4. Appendix A - Management Procedures: Detailed management and voting procedures

5. Appendix B - Distribution Waterfall: Detailed distribution priority structure

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

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Internal Revenue Code: Federal tax regulations governing the company's tax treatment, particularly focusing on pass-through taxation provisions for real estate holding companies

Securities Act of 1933: Federal law that may apply if membership interests in the holding company could be classified as securities

Investment Company Act of 1940: Federal regulations that may apply depending on the structure and activities of the real estate holding company

FIRPTA: Foreign Investment in Real Property Tax Act - Federal law governing foreign investment in US real estate

State LLC Act: State-specific legislation governing the formation and operation of Limited Liability Companies

State Real Estate Laws: State-specific regulations governing real estate ownership, transfer, and management

Blue Sky Laws: State-specific securities regulations that may apply to the offering of membership interests

State Property Tax Laws: State-specific regulations governing property taxation and assessment

State Business Corporation Laws: State-specific regulations governing business entities and their operations

Real Estate Commission Requirements: State-specific regulatory requirements for real estate operations and licensing

Local Zoning Laws: Municipal and local regulations governing property use and development

Property Management Regulations: State and local rules governing the management of real estate properties

Environmental Regulations: EPA and state-specific environmental requirements affecting real estate ownership and operation

Contract Law: General principles of contract law affecting operating agreements and business relationships

Property Law: Fundamental legal principles governing real property ownership and transfer

Agency Law: Legal principles governing relationships between principals and agents in real estate contexts

Landlord-Tenant Law: Legal framework governing relationships between property owners and tenants, if applicable to the holding company's operations

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

Find the exact document you need

Money Market Repurchase Agreement

U.S.-governed agreement for short-term secured lending through securities sale and repurchase transactions.

find out more

Investment Club LLC Operating Agreement

A U.S. legal document establishing the governance structure and operating rules for an investment club organized as an LLC.

find out more

Family Investment LLC Operating Agreement

A U.S.-governed legal agreement establishing the structure and operations of a family-owned LLC for investment purposes.

find out more

Term Sheet Venture Capital

A non-binding document under U.S. law that outlines key terms for venture capital investment, serving as a blueprint for final documentation.

find out more

Rental Property LLC Operating Agreement

A US-compliant legal document establishing the structure and operations of an LLC focused on rental property management.

find out more

Investment Agreement Letter

A legally binding document under US law that outlines the terms and conditions of an investment commitment between an investor and a company.

find out more

Silent Partner Investment Contract

A U.S.-governed agreement establishing terms between a silent investor and business operator in a limited partnership structure.

find out more

Real Estate Equity Purchase Agreement

A U.S.-compliant legal agreement for the purchase and sale of real property, outlining transaction terms and conditions.

find out more

LLC Operating Agreement With Investors

A U.S. legal document governing the relationship between LLC members and investors, establishing rights, responsibilities, and operational framework.

find out more

LLC Investment Term Sheet

A U.S.-governed preliminary document outlining key terms and conditions for investing in an LLC.

find out more

Real Estate Syndication Operating Agreement

A U.S.-governed agreement establishing the framework for real estate investment partnerships between sponsors and passive investors.

find out more

Stock Borrowing And Lending Agreement

A U.S.-governed agreement establishing terms for securities lending between parties, compliant with SEC and FINRA regulations.

find out more

Real Estate Private Equity Term Sheet

A U.S.-governed preliminary document outlining key terms and conditions for investment in a real estate private equity fund.

find out more

Private Equity General Partner Agreement

A U.S.-governed agreement establishing the relationship between a private equity fund's general partner and the fund, including management and economic terms.

find out more

Private Equity Fund Agreement

A U.S.-governed agreement establishing the terms and structure of a private equity fund, including investor rights, management obligations, and profit-sharing arrangements.

find out more

Letter Of Intent To Purchase Stock

A preliminary document used in the U.S. that outlines the intended terms for a stock purchase transaction.

find out more

Hedge Fund Limited Partnership Agreement

A U.S.-governed agreement establishing a hedge fund as a limited partnership, defining investor rights, management responsibilities, and operational terms.

find out more

Investment Club Operating Agreement

A U.S.-governed agreement establishing the structure and rules for an investment club's operations and member relationships.

find out more

Hedge Fund Subscription Agreement

A U.S.-governed legal agreement documenting an investor's subscription to a hedge fund, subject to federal securities laws and regulations.

find out more

Simple Agreement For Future Equity Term Sheet

A U.S.-governed term sheet outlining key terms for a SAFE investment instrument used in early-stage startup financing.

find out more

Convertible Equity Term Sheet

A U.S.-compliant preliminary agreement outlining terms for convertible equity investment in a company.

find out more

Real Estate Holding Company Operating Agreement

A U.S.-governed legal agreement establishing the operational framework for a real estate holding LLC, defining member rights, management structure, and profit distribution.

find out more

LLC Share Purchase Agreement

A U.S.-governed agreement for the purchase and sale of LLC membership interests, detailing transfer terms and conditions.

find out more

Investment LLC Operating Agreement

A U.S.-governed legal agreement establishing the operational framework for an investment-focused Limited Liability Company.

find out more

Real Estate Partnership Agreements

A U.S.-governed agreement establishing terms and conditions for real estate partnerships, including partner rights, responsibilities, and operational framework.

find out more

Capital Raising Mandate Agreement

A U.S.-governed agreement appointing a financial advisor to raise capital, subject to federal and state securities laws.

find out more

Share Investment Agreement

A U.S.-governed legal agreement documenting the terms and conditions of a share investment in a company, subject to federal and state securities laws.

find out more

Movie Investment Contract

A U.S.-governed legal agreement establishing terms for financial investment in film projects, subject to federal and state securities laws.

find out more

Stock Contribution Agreement

A U.S.-governed agreement documenting the transfer of shares from a contributor to a receiving entity, ensuring compliance with securities laws and protecting parties' interests.

find out more

Preference Shares Investment Agreement

A U.S.-governed agreement establishing terms for investment in company preferred stock, including shareholder rights and regulatory compliance.

find out more

Personal Investment Contract

A U.S.-governed agreement establishing terms between an individual investor and investment manager, compliant with federal and state securities laws.

find out more

Rental Property Partnership Agreement

A U.S.-governed agreement establishing a partnership for rental property investment and management, defining partner rights, responsibilities, and operational procedures.

find out more

Wholesale Real Estate Purchase Agreement

U.S.-compliant agreement for wholesale real estate transactions enabling property purchase and subsequent contract assignment.

find out more

Stock Purchase Agreement Term Sheet

A preliminary document outlining key terms for stock purchase and sale under U.S. securities laws.

find out more

Equity Shares Agreement

A U.S.-governed agreement establishing terms and conditions for company share ownership, subject to federal and state securities laws.

find out more

Designated Investment Agreement

A U.S.-governed agreement establishing terms for managing designated investment assets under federal and state securities laws.

find out more

Term Sheet For Investors

A non-binding document outlining key investment terms and conditions under U.S. securities laws.

find out more

Placement Agent Agreement Private Equity Fund

A U.S.-governed agreement establishing terms for placement agent services in private equity fund capital raising.

find out more

Limited Partnership Agreement Venture Capital

A U.S.-governed agreement establishing a venture capital fund's structure, management, and operation as a limited partnership.

find out more

Short Term Investment Agreement

A U.S.-governed agreement establishing terms and conditions for short-term investments, compliant with federal and state securities laws.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now