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Real Estate LLC Operating Agreement Template for Malaysia

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Key Requirements PROMPT example:

Real Estate LLC Operating Agreement

"I need a Real Estate LLC Operating Agreement for a Malaysian company with three founding members, focusing on residential property development in Kuala Lumpur, with specific provisions for foreign investment as two members are from Singapore."

Document background
A Real Estate LLC Operating Agreement is essential when establishing a Limited Liability Company for real estate operations in Malaysia. This document is required when two or more parties wish to form an LLC specifically for real estate investment, development, or management purposes. It provides the fundamental framework for company governance, outlines capital contribution requirements, profit-sharing arrangements, and management responsibilities while ensuring compliance with Malaysian corporate and real estate laws. The agreement is particularly important as it addresses unique aspects of real estate operations, including property acquisition procedures, asset management protocols, and compliance with foreign ownership restrictions under Malaysian law. It serves as the primary governing document for the company's operations and member relationships throughout its existence.
Suggested Sections

1. Parties: Identification of all founding members of the LLC, including their full legal names, addresses, and ownership percentages

2. Background: Context of the LLC formation, its purpose in real estate business, and any relevant preliminary matters

3. Definitions: Detailed definitions of terms used throughout the agreement, including real estate-specific terminology

4. Formation and Name: Details of LLC formation, registered name, registration number, and registered address

5. Purpose and Powers: Specific real estate activities the LLC will engage in and its powers to conduct business

6. Capital Contributions: Initial and subsequent capital contributions, including property contributions and valuations

7. Membership Interests: Structure of ownership, classes of membership, and voting rights

8. Management Structure: Management framework, appointment of managers, and decision-making processes

9. Meetings and Voting: Procedures for member meetings, voting requirements, and quorum rules

10. Financial Affairs: Financial management, accounting practices, and distribution of profits

11. Transfer of Interests: Rules regarding transfer of membership interests and restrictions thereof

12. Dissolution and Liquidation: Procedures for dissolution and asset distribution

13. General Provisions: Miscellaneous legal provisions including governing law, notices, and amendments

Optional Sections

1. Foreign Investment Provisions: Special provisions relating to foreign ownership restrictions and compliance - include when there are foreign members

2. Property Management: Specific procedures for managing real estate assets - include when the LLC will directly manage properties

3. Development Projects: Provisions for real estate development activities - include when the LLC will engage in property development

4. Financing Arrangements: Specific provisions for obtaining and managing financing - include when the LLC plans to use significant leverage

5. Environmental Compliance: Environmental protection measures and compliance - include when dealing with environmentally sensitive properties

6. Conflict Resolution: Detailed dispute resolution procedures - include when members want specific arbitration or mediation procedures

7. Insurance Requirements: Specific insurance obligations - include when the LLC will own high-value properties or have specific insurance needs

Suggested Schedules

1. Schedule A - Member Information: Detailed information about members, including contact details and initial capital contributions

2. Schedule B - Property Schedule: List and details of properties owned or to be acquired by the LLC

3. Schedule C - Valuation Methods: Agreed methods for valuing properties and membership interests

4. Schedule D - Management Procedures: Detailed management and operational procedures

5. Schedule E - Fee Structure: Management fees, property-related fees, and other compensation structures

6. Appendix 1 - Forms: Standard forms for member resolutions, transfer of interests, and other routine matters

7. Appendix 2 - Compliance Checklist: Checklist of regulatory requirements and compliance matters

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Property Development

Property Management

Commercial Real Estate

Residential Real Estate

Industrial Real Estate

Real Estate Investment

Property Investment

Construction

Corporate Services

Relevant Teams

Legal

Real Estate

Corporate Affairs

Finance

Operations

Compliance

Investment

Asset Management

Development

Administration

Risk Management

Relevant Roles

Chief Executive Officer

Real Estate Director

Property Manager

Legal Counsel

Company Secretary

Chief Financial Officer

Investment Manager

Asset Manager

Development Manager

Operations Director

Compliance Officer

Real Estate Analyst

Corporate Lawyer

Managing Partner

Board Member

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

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