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Fractional Ownership Agreement Template for Philippines

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Key Requirements PROMPT example:

Fractional Ownership Agreement

"Need a Fractional Ownership Agreement under Philippine law for a luxury yacht to be shared among 6 corporate owners, with quarterly usage rotation and professional management services starting March 2025."

Document background
The Fractional Ownership Agreement is essential when multiple parties wish to share ownership of a valuable asset in the Philippines. This document type has gained prominence due to increasing interest in shared ownership of high-value assets like vacation properties, aircraft, or luxury vessels. It must comply with Philippine legal requirements, including the Civil Code, Corporation Code, and relevant property laws. The agreement is particularly important as it establishes clear governance structures, defines ownership rights, sets usage parameters, and provides mechanisms for dispute resolution. It addresses key aspects such as initial purchase, ongoing maintenance costs, usage scheduling, and exit strategies, while ensuring compliance with local foreign ownership restrictions where applicable. This type of agreement is commonly used by both individual and corporate investors seeking to optimize asset utilization while sharing acquisition and maintenance costs.
Suggested Sections

1. Parties: Identifies all parties entering into the fractional ownership agreement

2. Background: Explains the context and purpose of the agreement, including details of the asset to be fractionally owned

3. Definitions: Defines key terms used throughout the agreement

4. Structure of Ownership: Details the fractional ownership structure, including percentage shares and form of title holding

5. Purchase Price and Payment: Specifies the total purchase price, individual fraction costs, and payment terms

6. Management and Administration: Outlines the management structure, decision-making processes, and voting rights

7. Rights and Obligations: Details the rights and responsibilities of each fractional owner

8. Usage Rights and Scheduling: Establishes rules for using/accessing the asset, including scheduling system and priority rights

9. Costs and Expenses: Defines ongoing costs, maintenance expenses, and how they are shared

10. Transfer and Exit Provisions: Specifies rules for selling/transferring ownership fractions and exit mechanisms

11. Default and Remedies: Addresses potential defaults and available remedies

12. Dispute Resolution: Details the process for resolving disputes between owners

13. Term and Termination: Specifies the duration of the agreement and conditions for termination

14. General Provisions: Includes standard legal provisions such as notices, amendments, and governing law

Optional Sections

1. Foreign Ownership Provisions: Required when any fractional owner is a foreign national, addressing compliance with Philippine foreign ownership restrictions

2. Asset Development: Needed when the fractionally owned asset is under development or requires significant improvements

3. Rental Program: Include when the asset will be available for rental when not in use by owners

4. Insurance Requirements: Detailed insurance provisions when the asset requires specific insurance coverage

5. Right of First Refusal: Optional provisions giving existing owners priority rights to purchase available fractions

6. Special Purpose Vehicle: Required when ownership is structured through a separate legal entity

7. Property Management Agreement: Needed when a professional property manager will be engaged

Suggested Schedules

1. Schedule 1 - Asset Description: Detailed description of the asset including specifications, location, and condition

2. Schedule 2 - Ownership Structure: Detailed breakdown of ownership fractions and initial owners

3. Schedule 3 - Financial Contributions: Schedule of initial and ongoing financial obligations

4. Schedule 4 - Usage Schedule: System and rules for scheduling usage of the asset

5. Schedule 5 - Management Rules: Detailed procedures for asset management and administration

6. Schedule 6 - Fee Structure: Breakdown of all fees and charges applicable to owners

7. Appendix A - Registration Documents: Copies of relevant asset registration and title documents

8. Appendix B - Management Forms: Standard forms for various management and administrative processes

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions












































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Relevant Industries

Real Estate

Aviation

Luxury Assets

Hospitality

Maritime

Vacation Properties

Commercial Property

Resort Development

Investment Management

Asset Management

Relevant Teams

Legal

Real Estate

Asset Management

Property Management

Operations

Finance

Compliance

Business Development

Investment

Wealth Management

Relevant Roles

Chief Legal Officer

Property Manager

Real Estate Developer

Investment Manager

Asset Manager

Corporate Lawyer

Property Administrator

Compliance Officer

Real Estate Agent

Business Development Manager

Operations Director

Finance Manager

Trust Officer

Property Consultant

Wealth Manager

Industries








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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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