The Investment Framework Agreement serves as the primary legal instrument for structuring and governing investment relationships in Nigeria. This document is typically used when establishing long-term investment partnerships, joint ventures, or strategic investments in Nigerian businesses or projects. It provides a comprehensive framework that addresses key aspects of the investment relationship including capital contributions, governance structures, regulatory compliance, and risk allocation. The agreement must comply with Nigerian law, particularly the Nigerian Investment Promotion Commission Act, Companies and Allied Matters Act, and sector-specific regulations. It is especially relevant for foreign investors entering the Nigerian market or domestic investors structuring significant investments, providing a foundation for subsequent transaction documents and operational agreements.
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1. Parties: Identification of the parties entering into the agreement, including full legal names and registration details
2. Background: Context of the investment relationship and purpose of the agreement
3. Definitions and Interpretation: Detailed definitions of terms used in the agreement and rules of interpretation
4. Scope of Investment: Overall framework and parameters of the investment relationship
5. Investment Structure: Details of investment mechanism, funding arrangements, and capital structure
6. Investment Process: Steps and procedures for making investments, including conditions precedent
7. Representations and Warranties: Standard and specific representations by all parties
8. Governance and Management: Decision-making processes, management structure, and control mechanisms
9. Regulatory Compliance: Compliance with Nigerian laws, including NIPC requirements and foreign exchange regulations
10. Financial Provisions: Financial obligations, funding commitments, and payment terms
11. Term and Termination: Duration of agreement and circumstances for termination
12. Confidentiality: Protection of confidential information and trade secrets
13. Dispute Resolution: Mechanisms for resolving disputes, including jurisdiction and applicable law
14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Environmental and Social Compliance: Required for investments in sectors with environmental impact or social considerations
2. Local Content Requirements: Needed for investments in sectors with specific Nigerian local content requirements
3. Technology Transfer: Important for investments involving intellectual property or technical knowledge transfer
4. Employment and Training: Required when investment includes significant workforce development components
5. Force Majeure: Particularly important in Nigeria given potential political and economic volatility
6. Anti-Corruption and Compliance: Required for international investments or when dealing with public sector
7. Security Arrangements: Needed when investment involves provision of security or collateral
8. Export Requirements: Required for investments focused on export operations or in free trade zones
1. Investment Plan: Detailed business plan and investment timeline
2. Capital Contribution Schedule: Breakdown of investment tranches and timing
3. Corporate Structure Chart: Diagram showing ownership and control structure
4. Key Performance Indicators: Metrics for measuring investment performance
5. Required Approvals: List of regulatory and governmental approvals needed
6. Management Structure: Detailed governance and management framework
7. Technical Specifications: Technical details of investment project if applicable
8. Form of Subsidiary Agreements: Ƶ for related agreements to be entered into
9. Insurance Requirements: Required insurance coverage details
10. Compliance Checklist: List of regulatory requirements and compliance steps
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