Real Estate Profit Sharing Agreement

Real Estate Profit Sharing Agreement Template for Singapore

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Key Requirements PROMPT example:

"I need a Real Estate Profit Sharing Agreement for a joint venture between my property development company and three international investors, where we'll develop a mixed-use commercial property in Singapore's CBD with a 60-40 profit split in favor of the investors."

Document background

The Real Estate Profit Sharing Agreement is essential for structuring real estate investments and developments in Singapore where multiple parties contribute resources, expertise, or capital. This document becomes particularly relevant in joint ventures, development projects, or investment partnerships where parties need to clearly define their respective shares in profits and losses. The agreement must comply with Singapore's strict property laws, including the Residential Property Act and relevant tax regulations. It typically includes detailed mechanisms for profit calculation, distribution schedules, management responsibilities, and exit provisions.

Suggested Sections

1. Parties: Identification and details of all parties involved in the profit sharing arrangement

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement including relevant legislation references

4. Property Details: Specific information about the real estate asset(s) including legal description and title details

5. Profit Sharing Structure: Detailed breakdown of how profits will be calculated and distributed between parties

6. Payment Terms: Timing, method, and conditions for profit distribution including tax considerations

7. Duration: Term of the agreement and renewal provisions

8. Representations and Warranties: Legal assurances and statements by each party regarding their capacity and authority

9. Termination: Circumstances and process for ending the agreement including consequences

10. Dispute Resolution: Process for resolving disputes including jurisdiction and governing law clauses

11. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Management Rights: Rights and responsibilities regarding property management, to be included when one party has management responsibilities

2. Development Rights: Terms regarding property development or renovation, for properties requiring development or major renovations

3. Exit Mechanisms: Procedures for parties to exit the arrangement, essential for long-term arrangements with multiple investors

4. Regulatory Compliance: Specific provisions addressing compliance with Singapore real estate regulations, when dealing with restricted properties

5. Insurance Requirements: Specific insurance obligations of the parties, when insurance requirements are complex or non-standard

Suggested Schedules

1. Property Schedule: Detailed description of property, including title details, location, and specifications

2. Profit Calculation Schedule: Detailed methodology for calculating profits, including formulas and examples

3. Financial Projections: Expected returns and financial forecasts for the property investment

4. Management Agreement: Detailed terms of property management if applicable

5. Due Diligence Reports: Property inspection, valuation reports, and other relevant due diligence documentation

6. Tax Implications Schedule: Breakdown of tax considerations and responsibilities for each party

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate Development
Property Investment
Construction
Hospitality
Retail

Relevant Teams

Real Estate
Legal
Finance
Business Development
Operations
Investment
Asset Management

Relevant Roles

Real Estate Director
Investment Manager
Property Development Manager
Chief Financial Officer
Legal Counsel
Asset Manager
Development Director
Fund Manager

Industries

Civil Law Act (Cap. 43): Primary legislation governing civil law matters and contracts in Singapore, providing the fundamental legal framework for agreements

Conveyancing and Law of Property Act (Cap. 61): Regulates property transactions and real estate conveyancing practices in Singapore

Residential Property Act (Cap. 274): Controls the purchase and ownership of residential properties by foreign persons and entities in Singapore

Income Tax Act (Cap. 134): Governs taxation of income, including rental income and property-related profits in Singapore

Stamp Duties Act (Cap. 312): Regulates stamp duties payable on property transactions, including ABSD and SSD

Planning Act (Cap. 232): Controls land use and property development in Singapore

Housing Developers (Control and Licensing) Act: Regulates housing developers and their activities in Singapore

Building Control Act (Cap. 29): Governs building construction standards and safety requirements

Land Titles Act (Cap. 157): Regulates the registration and transfer of land titles in Singapore

Partnership Act (Cap. 391): Governs the formation and operation of business partnerships in Singapore

Limited Liability Partnerships Act: Regulates the formation and operation of Limited Liability Partnerships

Companies Act (Cap. 50): Governs corporate entities and their operations in Singapore, relevant when parties are companies

REDAS Guidelines: Industry guidelines set by Singapore Real Estate Developers' Association for real estate development

CEA Regulations: Regulations set by Council for Estate Agencies governing real estate agency practices

MAS Guidelines: Monetary Authority of Singapore guidelines particularly relevant for Real Estate Investment Trusts

Personal Data Protection Act: Governs the collection, use, and disclosure of personal data in Singapore

Competition Law: Ensures fair competition and prevents anti-competitive practices in real estate transactions

Anti-Money Laundering Regulations: Prevents use of real estate transactions for money laundering and ensures compliance with financial security measures

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Authors

Alex Denne

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