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1. Parties: Identifies and provides full details of all parties to the agreement, including registration numbers for companies or ID numbers for individuals
2. Background: Sets out the context and purpose of the agreement, including details of the property or business being subject to ownership
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpreting the document
4. Structure of Ownership: Details the ownership structure, including percentages, shares, or units held by each party
5. Rights and Obligations of Owners: Specifies the rights, responsibilities, and obligations of all owners
6. Management and Decision Making: Outlines the management structure and decision-making processes, including voting rights and quorum requirements
7. Financial Provisions: Covers financial obligations, cost sharing, profit distribution, and capital contributions
8. Transfer of Ownership Rights: Establishes procedures and restrictions for transferring ownership interests
9. Dispute Resolution: Details the process for resolving disputes between owners
10. Duration and Termination: Specifies the term of the agreement and circumstances for termination
11. General Provisions: Includes standard legal clauses such as notices, governing law, and entire agreement provisions
1. Pre-emptive Rights: Used when owners want first right of refusal on any sale of ownership interests
2. Tag-Along and Drag-Along Rights: Included for business ownership structures where minority owner protection or majority owner exit rights are required
3. Death and Incapacity: Required when dealing with individual owners to address succession planning
4. Intellectual Property Rights: Necessary when the owned entity involves significant intellectual property
5. Non-competition and Confidentiality: Added when owners need to be restricted from competing or sharing sensitive information
6. BEE Compliance: Required when the ownership structure must maintain specific BEE levels
7. External Financing: Included when the ownership structure involves or anticipates external funding
1. Details of Property/Business: Comprehensive description of the owned property or business, including registration details and physical description
2. Ownership Structure Schedule: Detailed breakdown of ownership percentages and any special rights attached to different classes of ownership
3. Financial Contribution Schedule: Details of initial and ongoing financial contributions required from each owner
4. Management Procedures: Detailed procedures for management meetings, voting, and decision-making processes
5. Valuation Methodology: Agreed method for valuing ownership interests for transfer or buy-out purposes
6. Required Resolutions: Template resolutions required for various decision-making scenarios
7. Contact Details: Full contact information for all parties and their authorized representatives
Applicable Laws
Asset
Authorised Representative
BEE Requirements
Board
Business Day
Business Hours
Capital Account
Capital Contribution
Commencement Date
Companies Act
Confidential Information
Consent
Control
Deed of Accession
Directors
Dispute
Effective Date
Encumbrance
Fair Market Value
Financial Year
Force Majeure
Governing Law
Initial Capital Contribution
Intellectual Property Rights
Management Committee
Material Breach
Member
Notice
Operating Costs
Owner
Ownership Interest
Ownership Share
Parties
Property
Quorum
Related Party
Resolution
FICA
Signature Date
Special Resolution
Tax
Transfer
Transferee
Transferor
Valuation Date
Voting Rights
Written Resolution
Definitions
Duration
Ownership Structure
Voting Rights
Management Rights
Financial Obligations
Capital Contributions
Distribution of Profits
Transfer Restrictions
Pre-emptive Rights
Tag-Along Rights
Drag-Along Rights
Decision Making
Reserved Matters
Meetings
Quorum Requirements
Management Structure
Appointment Rights
Removal Rights
Financial Records
Accounting
Audit Rights
Information Rights
Confidentiality
Non-Competition
Non-Solicitation
Intellectual Property
Representations and Warranties
Indemnification
Insurance
Force Majeure
Dispute Resolution
Mediation
Arbitration
Governing Law
Jurisdiction
Notices
Assignment
Amendment
Waiver
Severability
Entire Agreement
Costs
Breach
Termination
Exit Provisions
Death and Incapacity
BEE Compliance
Anti-corruption
Data Protection
Real Estate
Property Development
Commercial Property
Residential Property
Retail Property
Industrial Property
Agriculture
Mining
Hospitality
Manufacturing
Professional Services
Technology
Entertainment Venues
Healthcare Facilities
Educational Institutions
Legal
Compliance
Property Management
Operations
Finance
Risk Management
Business Development
Asset Management
Corporate Governance
Investment
Facilities Management
Administrative Support
Executive Leadership
Chief Executive Officer
Managing Director
Property Manager
Legal Counsel
Corporate Lawyer
Business Development Manager
Operations Director
Financial Director
Company Secretary
Risk Manager
Compliance Officer
Property Development Manager
Asset Manager
Investment Manager
Board Member
Trustee
Real Estate Agent
Facilities Manager
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