Sample Real Estate Investment Management Agreement printable pdf download

Sample Real Estate Investment Management Agreement

Real Estate Investment Management Agreement

Sample Outline

Appointment of Investment Manager

Discuss general role of Investment Manager, other governance docs (e.g. investment

guidelines, etc.)

Assets of the account – allocation of funds to Investment Manager

II.

Representations and Warranties of Investment Manager

Fiduciary definition (reference ERISA definition if appropriate)

Registrations & good standing (e.g. Advisers Act of 1940)

Statement of business qualification (advises institutional investors, experienced personnel,

etc.)

Notification requirements regarding change in above

Notification of change in control of Investment Manager

Key man provisions, if applicable

III.

Powers and Duties of Investment Manager

Level of authority/discretion over the following:



Portfolio allocation



Selection of investments



Acquisitions



Dispositions



Day-to-day operations



Financing



Engagement of legal counsel



Selection of contractors and consultants (property management services, etc.)



Initiation of legal action



Execution of documents



Use of cash flow and proceeds (e.g. required distributions, reinvestment), notice

requirements

Responsibility for the following:



Assigning qualified personnel (dedicated team, if applicable)



Utilization of investment committee, appropriate authority within Investment

Manager’s firm



Insurance, as set forth in exhibits



Internal and external valuations (include frequency and policy)



Accounting policy (Fair Value GAAP)



Maintenance of records



Filing tax returns

Sample Real Estate Investment Management Agreement

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