The Real Estate Holding Company Operating Agreement is essential for establishing and operating property investment vehicles in Singapore. This document is particularly crucial when multiple investors come together to form a company specifically for holding and managing real estate assets. It addresses Singapore's unique regulatory requirements, including foreign ownership restrictions, property holding regulations, and corporate governance requirements. The agreement typically becomes necessary when incorporating a new property holding company or restructuring an existing one, providing a framework for everything from initial capital contributions to eventual exit strategies.
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1. Parties: Identification and details of all members/shareholders of the holding company
2. Background: Purpose of the company and context of the agreement
3. Definitions: Key terms used tHRoughout the agreement
4. Company Formation: Details of company structure, registration, and initial capital
5. Capital Contributions: Member contributions and capital structure
6. Management Structure: Governance and decision-making processes
7. Property Management: Guidelines for property acquisition, management, and disposal
8. Profit Distribution: Rules for distribution of profits and losses
9. Transfer of Interests: Procedures for transferring ownership interests
10. Termination: Conditions and procedures for company dissolution
1. Foreign Ownership Provisions: Required when foreign investors are involved - includes compliance with Residential Property Act and additional ownership restrictions
2. REIT Provisions: Specific requirements for REIT structure and MAS compliance when company operates as or plans to convert to REIT
3. Development Rights: Provisions for property development activities and URA compliance when company engages in property development
1. Schedule A - Initial Property Portfolio: List of properties initially held by the company
2. Schedule B - Capital Contributions: Detailed breakdown of member contributions
3. Schedule C - Management Structure: Organizational chart and management roles
4. Appendix 1 - Property Management Guidelines: Detailed procedures for property management
5. Appendix 2 - Valuation Methods: Agreed methods for property valuation
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