How to draw up an investment contract. What is an investment agreement

Moscow "___" _________ 201_.

open joint-stock company"_____________________________", (abbreviated name of OJSC - "_______"), hereinafter referred to as "CUSTOMER-DEVELOPER", represented by General Director _______________, acting on the basis of the Charter, on the one hand and _____________________________, __________ year of birth, TIN - __________, passport ________________, issued _________, OVD _____________, hereinafter referred to as the "INVESTOR", on the other hand, collectively referred to as the "Parties", have concluded this investment agreement (hereinafter referred to as the "Agreement") as follows:

1. TERMS AND DEFINITIONS
1.1. Investments - own, borrowed and / or borrowed funds, securities, other property invested by the Investor for the purpose of making a profit. In accordance with this agreement, investments are means of targeted financing (paragraph 10, subparagraph 14, paragraph 1, article 251 tax code RF).
1.2. Investment activity - investment and implementation of practical actions in order to make a profit and implement the project.
1.3. Project - the necessary project documentation developed in accordance with the legislation of the Russian Federation and duly approved standards (norms and rules), as well as a description of organizational and technical measures for the creation of an investment object using investments in the form of work.
1.4. The result of the investment activity is a shopping center created at the address: __________________, the construction of which will be carried out in accordance with the project.
1.5. Contractors - individuals and legal entities that perform design and construction works under construction contracts concluded with the Customer-Builder.
1.6. Works - the entire scope of practical work on the construction of the result of investment activities to be performed by the Customer-Builder in accordance with the terms of this agreement.
1.7. Land plot - a plot with a total area of ______ sq. m, cadastral N ____, located at: ________________, leased to the Customer-Builder to create the result of investment activity on the basis of ______________ (indicate the details of the administrative document) for the period of development of initial permits, project documentation and construction of the result of investment activity.
1.8. Project documentation - initial permitting, technical documentation, specifications and passports for materials, equipment, structures and components, estimates, as well as other documentation not directly mentioned above, but necessary for the performance of work and technical operation result of investment activity.
1.9. The total area of the result of investment activity is the sum of the areas (useful, general use, engineering purposes) of all floors (including technical, basement and attic), measured by the internal surfaces of walls and built-in and attached premises.

2. SUBJECT OF THE CONTRACT
2.1. Under this agreement, the Investor transfers funds to the Customer in the amount established by this agreement for the implementation of a project to create a result of investment activities on a land plot.
Upon completion investment project, putting the object into operation, its state registration and subject to the fulfillment by the Investor of obligations to make investments, the Customer-Builder transfers to the Investor the result of investment activities under the agreement __________ (exchange, donation or other transaction on the alienation of this property).
2.2. Investments received from the Investor will be used to create the result of investment activities, perform all necessary work and other actions required for the implementation of the project, and control the implementation of work.

3. PROCEDURE OF PAYMENTS BETWEEN THE PARTIES
3.1. The preliminary amount of investments under this investment agreement is determined by the Parties in the amount of ___________________ rubles.
3.2. Investments are sent by the Investor to the Customer-Builder in parts. The specific amount and term for the transfer of the next amount are agreed by the Parties in ______________.
3.3. Investments provided by the Investor for the implementation of the project are considered by the Parties as means of targeted financing directed exclusively to the implementation of the project.
3.4. For the fulfillment by the Customer-Builder of his obligations (services) under this agreement, the Investor, in addition to the investments specified in this section, monthly transfers to the Customer-Builder funds in the amount of _________________ rubles, including VAT - ____% - __________ rubles. Payment for the performance of services by the Customer-Builder is included in the estimated cost of the result of investment activities.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The investor is obliged:
4.1.1. To carry out financing under this agreement in full and in the manner prescribed by this agreement, including payment for the services of the Customer-Builder.
4.1.2. In _______ - within a day after the signing of this investment agreement, transfer to the Customer-Builder the project approved by the Investor, consisting of: ____________________________.
4.1.3. If necessary, take part in coordinating with the authorized state bodies, approving and obtaining permits and other documentation necessary for the implementation of work in accordance with the investment agreement.
4.1.4. Appoint representatives for the work of the state commission for the acceptance of the result of the investment activity completed by the construction.
4.1.5. For its part, accept the result of investment activities under this agreement by signing the act of acceptance and transfer.
4.1.6. From the moment of transfer of the result of investment activity, assume the burden of its maintenance, including the risk of accidental death, as well as bear other obligations stipulated by the current legislation of the Russian Federation.
4.1.7. To properly fulfill other obligations stipulated by the investment agreement.
4.2. The investor has the right:
4.2.1. Monitor the compliance of the volume and quality of work performed by the Contractor to create the result of investment activities.
When exercising control over the progress of work, the Investor or his authorized person must move around the construction site, accompanied by an authorized representative of the Customer-Builder, while strictly observing the safety rules.
4.2.2. Check at any time the progress and quality of work, the compliance of the materials used, without interfering with the operational and economic activities of other subjects of investment activity.
4.2.3. With the consent of the Customer-Builder, transfer its rights and obligations under this agreement to a third party, provided that the latter accepts the obligations, conditions and obligations under this agreement. Partial and/or full transfer of rights and obligations
4.3. The Customer-Builder is obliged:
4.3.1. Using the investments made by the Investor to ensure the implementation of the project, including:
- ensure the preparation of the construction site;
- organize the performance of work by Contractors, provide construction materials and equipment;
- ensure the proper performance by the Contractors of the necessary construction and installation works;

etc…

The entire sample of the construction investment agreement is in the attached file.

In Russian legal practice, there is the concept of an investment agreement. Particularly interesting is the fact that, despite the widespread use of this type of agreement, it does not have an official fixation in legislative sources. How are such agreements drawn up in practice?

Definition

According to the popular interpretation, investment agreement- this is an agreement, usually of a commercial nature, that determines the mechanism for the transfer of funds or material assets by a person or a group of entities at the disposal of the enterprise for the purpose of the subsequent return of investments in the form of a percentage premium or an asset endowed with a high value. By signing this kind of contract, the investor transfers finances or property in favor of another person, most often in ownership or operational management.

Thus, the main purpose for which an investment activity agreement is concluded is the subsequent receipt of a commercially tangible benefit for the depositor of money or material values. At the same time, the source of income for the investor is the activity of the organization in which he invested. The contract in question, as a rule, assumes that the corresponding activities of the recipient of funds are of an entrepreneurial nature. Although the legal nature of such agreements may be very different.

Investment in construction

The investment contract in construction has gained particular popularity. The source of financing for the activities of developers, as a rule, is money coming from outside - from citizens (if we are talking about the construction of residential buildings), organizations, the state or municipalities (if the object has a commercial purpose). An investment agreement in the field of construction implies that the investor transfers funds to the developer in exchange for receiving finished real estate upon its construction (or, alternatively, the right to buy an object of interest with significant preferences).

An interesting fact is that this type of contracts are not classified in any way in the civil legislation of the Russian Federation.

From the point of view of the legal status, an investment contract for construction is a sample of a mixed agreement, the legitimacy of which is guaranteed by the wording of paragraph 2 of clause 421 of Article 421 of the Civil Code of the Russian Federation - on the possibility of concluding contracts that may either be provided for by the laws of the Russian Federation or not have such a status.

The structure of such agreements, as a rule, implies the presence of elements characteristic of the types of agreements in various fields.

That is, construction contracts may contain wording that is typical for a loan agreement, a contract, or, for example, a partnership, based on the specifics of the company receiving investment.

Nuances of legislation

At the same time, the Civil Code of the Russian Federation is not the only source of law that determines the status of construction contracts (more precisely, it provides guidelines for compiling their structure). When drawing up such agreements, the norms of the Federal Law "On Investment Activity", as well as the Law of the RSFSR of a similar direction, can be applied - in those parts where the provisions do not contradict the newer legal act. For example, some of the rules set forth in the said Federal Law are applied if we are not talking about building an object from scratch, but, say, about its overhaul or reconstruction. Agreements of this kind in some cases are also referred to as investment agreements. Since there is no clear definition of such contracts in civil law, this is not a mistake.

Signs of investment agreements

As we noted above, the laws of the Russian Federation do not give a clear definition of what an investment agreement is. At the very beginning of the article, we gave one of the popular interpretations of this term, but our definition is not official. At the same time, Russian lawyers distinguish several typical features of an investment agreement. Let's consider them.

The key criterion here is the economic content of the agreements. Some lawyers believe that it does not matter in principle whether an investment agreement is concluded between individuals, legal or both - the subjects of civil rights can be any (as well as objects). Supporters of this opinion refer to the wording of the Law of the RSFSR "On Investment Activity" - it says, in particular, that funds and working capital in all spheres and segments of the national economy can be objects of investment activity.

In the Federal Law, adopted already in Russian Federation, in turn, it is said that the object of investment can be property that is in any form of ownership - private, state, municipal and others. Some lawyers draw attention to a number of subordinate sources of law. For example, one of the documents of Russian arbitration practice states that an investment agreement must necessarily contain a wording that reflects the purpose of the investor to receive income or other preferences.

Experts identify the following several key features, according to which one or another contract can be classified as "investment". Namely:

the conclusion of an investment agreement should imply the long-term nature of the relationship of the parties;
the agreement must be mutual in nature (that is, in exchange for receiving investments, the subject transfers to the investor the result of the investment - income, real estate, preferences, etc.);
the agreement must have a basis (in the form of project documentation, an offer, a commercial offer, etc.);
the commercial interest of the parties must be reflected in the contract (that is, the investor receives some remuneration).

Depending on the area of business in which the investor and the recipient of the funds are cooperating, the agreement may also include language that implies intended use finances and material assets transferred by the investor, as well as the general or shared nature of ownership of the property that is transferred to the investment subject.

Investment partnership

In 2012, the institution of an investment partnership was legislated in Russia, reflecting a special form of joint activity of partners. What are the features of the agreements concluded between them? The investment partnership agreement, first of all, has the specifics of the subject.

In most cases, this is a joint acquisition valuable papers economic companies, as well as shares that form the share capital in a special kind of legal form of business - economic partnership. An investment partnership, therefore, acts as a kind of compromise option for the implementation of legal relations between such forms as a limited partnership (typical for legal entities) and a simple partnership (in which individuals can participate).

An investment partnership implies a contractual relationship in which intermediate taxes are not paid on the distribution of income between the participants. At the same time, the legislator provides the parties to the agreement not to disclose the terms of transactions publicly. And in this the status of an investment partnership differs in certain features from an agreement between organizations. But there are some commonalities between the two. For example, in most cases it is required to prescribe the term of the investment partnership agreement, take into account the specifics of the withdrawal of specific participants from the agreement, the specifics of interaction with creditors, etc.

The practice of drafting investment contracts in construction

Let's return to the study of agreements typical for the construction industry - as one of the most popular in terms of investment relationships in business. It would be useful to study, for example, the algorithm for the correct drafting of such contracts, based on the criteria adopted in the Russian legal system. We noted above that the form of an investment agreement may have signs of similarity with agreements typical for other business areas - lending, sales, etc. Based on this feature, how to design contracts correctly?

First, any civil agreement must begin with a preamble. As a rule, it sets out the name of the contract, the place and time, and its conclusion. The next component is information about the parties signing the agreement. If an investment agreement is concluded between legal entities, then it is necessary to fix their official name, as well as list the officials who act on behalf of the relevant structures. If one of the parties to the contract is an individual, then it is necessary to indicate his identification data (full name, passport series and number, registration address).

Note that the obligated party to the transaction has, as a rule, one of two main statuses - either it is the customer or the contractor. In the first case, this means that the investor's counterparty undertakes to attract additional contractors - that is, it is mainly a management structure. But it is quite possible that the same legal entity will be both the customer and the contractor. However, experts still recommend using the first term in the treaty.

The following are the terms of the investment agreement. As a rule, the subject of the agreement, financial indicators, as well as the content of the contract are fixed here. Some lawyers believe, referring to the provisions of Article 432 of the Civil Code, that the key condition of the investment agreement is precisely the subject. Its typical wording here may sound something like this: "The investor participates in financing the project by transferring funds, and the customer uses them for the purpose of construction and subsequent transfer of the property in favor of the counterparty." Of course, depending on the specifics of a particular project, the wording may be different.

The investment agreement, the sample of which we are currently preparing, must also contain the address of the future property (street, house number, building and apartment - if they can be known), the number of floors and other signs characterizing it geographical position. In some cases, experts recommend attaching to the contract a graphic plan for the location of the object on the ground, and also, if possible, also a diagram of the apartment.

The next point is that the parties to the investment agreement fix the list of works that the obligated party must carry out in order to fulfill the terms of the contract on their part. Experts recommend disclosing their content in detail, that is, entering into the agreement that it will be construction, technical, installation work, laying communal infrastructure, and electricity. If finishing is provided - we also fix it. In some cases, it is more convenient to place a list of relevant works, as well as additional documentation on them, in annexes to the main contract.

The next item in the contract is the price. It is possible that the customer wants to install it in foreign currency. But in this case, the main source of data on its exchange rate against the ruble should be indicated - as a rule, this is information from the Central Bank of the Russian Federation. That is, you can fix the following wording: "Settlements in rubles are made based on the exchange rate set by the Central Bank of the Russian Federation on the day when the investor makes the payment." In the "price" section of the contract, it is necessary to reflect total amount contribution from the investor, and also, since the subject of the agreement is real estate, the price per square meter of housing.

The investment agreement, the sample of which we draw up, must include information about the deadline for the customer (contractor - if these statuses are combined) to fulfill their contractual obligations. Article 314 of the Civil Code of the Russian Federation states that if the period is not defined, then a certain reasonable period of time is taken as the basis. But it is better, of course, to specify this condition of the contract. At the same time, the term can be tied to different moments - the delivery of the object for acceptance or the fact that the investor has registered ownership of the apartment. The specific criterion is determined by the parties to the contract, guided by objective priorities.

Investor Responsibilities

It will be useful to pay attention to such an item as the obligations of the investor. Experts believe that a standard draft investment agreement may contain the following combination of them:

transfer funds or other material resources within the terms agreed by the contract (provide them to the customer on a regular basis);
supply the partner with the necessary legal and other documents;
pay, if it is provided for by the agreement, a separate remuneration to the customer;
accept the object.

Customer Responsibilities

In turn, the customer is also endowed with a certain range of obligations. What should he do:

develop or order project documentation;
find and take land plot for the construction of a property;
report on the process of construction and expenditure of investments in accordance with the schedule determined by the contract;
to hold, if it is provided for by the contract or the requirements of the law, tenders for attracting contractors;
form a team of builders and specialists of other necessary profiles;
control and exercise technical supervision over the work of counterparties;
hand over the object for acceptance;
provide the investor with the necessary documents.

Features of building a contract

If we simplify as much as possible the algorithm for constructing an investment agreement in construction, then it will look something like this:

one party, that is, the investor, undertakes to transfer funds to the customer;
the other party, using the appropriate remuneration, must invest the funds received, based on the specifics of the investment project, in the construction of the property and subsequently transfer it to the investor;
the agreement must include terms and conditions.

Stages of implementation of the construction contract

We studied the approximate structure of an investment agreement in the construction industry. Let us now consider the stages within which the corresponding agreement can be implemented. Experts distinguish three main stages of the investment project execution.

Firstly, this is the period preceding direct financial settlements. As part of it, the customer prepares project documentation, economic justification, carries out technical preparation for the construction of the property. As for the source of the first type, it is a collection of information that reflects the application of technologies and engineering solutions in a construction project.

In this case, the list of works provided for in the design documentation may be indicative. In some cases, an investor may require the customer to deliver a business plan that should clearly display the advantages of a particular project, based, among other things, on its technological and engineering specifics.

Secondly, it is, as such, an investment and construction stage. Within its framework, the customer finds an investor, concludes an appropriate type of contract with him, signs contracts, in turn, with counterparties, formalizes labor relations with hired specialists. After - builds an object, and then - transfers it to the investor.

Thirdly, this is the operational stage. As part of it, additional work can be carried out - in the direction of finishing, supplying the facility with additional communal resources, resolving possible issues related to shortcomings made during construction, etc.

Transfer of the object to the investor

An investment contract for construction, a sample of which we examined above in terms of key features, implies that the transfer of a property must be accompanied by the signing of an acceptance certificate (or similar document) upon completion of construction. In addition, the investor must also obtain the necessary title documents. In some cases, the customer also undertakes to transfer to the disposal of the partner the main sources for the profile of working documentation - they can be used, for example, during finishing work or reconstruction.

Download investment agreement

This Agreement is made in triplicate, having the same legal force, one copy for each Party and one for the body that registers rights to real estate. 10.2. The notifications, notifications or other messages provided for by this Agreement, which are important for the relations of the Parties, must be delivered personally or sent by the Parties to each other by registered mail or telegrams with acknowledgment of receipt to the addresses specified in this Agreement as the legal and postal addresses of the Parties. 10.3. Registration of ownership of the object is not included in the subject of this Agreement. 10.4. In the event of a change in the telephone number, place of registration, postal address, as well as other details, the Parties are obliged to immediately send each other notices of these changes in the manner provided above.

Investment agreement between individuals sample form

Important

And in this the status of an investment partnership differs in certain features from an agreement between organizations. But there are some commonalities between the two. For example, in most cases it is required to prescribe the term of the investment partnership agreement, take into account the specifics of the withdrawal of specific participants from the agreement, the specifics of interaction with creditors, etc.

e. The practice of drawing up investment agreements in construction Let's return to the study of agreements typical for the construction industry - as one of the most popular in terms of investment relationships in business.

Investment agreement (investment agreement)

If necessary, take part in coordinating with the authorized state bodies, approving and obtaining permits and other documentation necessary for the implementation of work in accordance with the Contract. 4.1.4. Appoint representatives to participate in the work of the commission for the acceptance of the completed construction facility.
4.1.5.

Attention

To carry out the acceptance of the object from the Customer-Builder under this Agreement by signing the act of acceptance and transfer. 4.1.6. From the moment of acceptance of the object, bear the burden of its maintenance, including the risk of accidental death, as well as bear other obligations stipulated by the current legislation of the Russian Federation.

4.1.7. To duly fulfill its other obligations under this Agreement. 4.2. The investor has the right: 4.2.1.

Business investment agreement

Namely:

the conclusion of an investment agreement should imply the long-term nature of the relationship of the parties;
the agreement must be mutual in nature (that is, in exchange for receiving investments, the subject transfers to the investor the result of the investment - income, real estate, preferences, etc.);
the agreement must have a basis (in the form of project documentation, an offer, a commercial offer, etc.);
the commercial interest of the parties must be reflected in the contract (that is, the investor receives some remuneration).

Depending on the business area in which the investor and the recipient of funds cooperate, the agreement may also include wording that implies the intended use of finance and material assets transferred by the depositor, as well as the common or shared nature of ownership of the property that is transferred to the investment subject.

What is an investment agreement in 2018

The transfer takes place in order to extract additional profit with the help of these funds. Features of the investment agreement:

First of all, the investment agreement has a certain time frame.
It clearly states the time and place of its compilation. In view of the fact that we are talking about investments, they should bring a certain result.
It is to achieve this result that the investor invests his funds. The contract specifies by what time the obligation must be fulfilled. Also, the fulfillment of the obligation can be divided into stages.
The subject of the agreement is the transfer of funds, the contract specifically indicates the amount of funds, if it is about money. It is also disclosed if any fixed assets, means of production are transferred.

Investment agreement (sample)

Before investing a large amount, it is recommended to obtain a preliminary opinion of a specialist about the prospects and only after that conclude an agreement. Business project Investments in business are relevant when choosing the right direction.
Here it is important to determine what will be promising in the near future and what can bring financial profit. In addition, the right choice of a customer who can correctly implement these tools is important.
Construction Construction a couple of years ago was more promising, but now it is reliable. So, you can invest in a residential property or in commercial real estate, it is only important to choose the right area and developer.

Investment agreement: sample. investment contract for construction

If finishing is provided, we also fix it. In some cases, it is more convenient to place a list of relevant works, as well as additional documentation on them, in annexes to the main contract. The next clause of the contract is the price. It is possible that the customer wants to install it in a foreign currency.

But in this case, you should indicate the main source of data on its exchange rate against the ruble - as a rule, this is information from the Central Bank of the Russian Federation.

Investment loan agreement

Parties to the agreement The parties to the investment agreement are: Customer That is, the person who accepts investments Investor That is, the one who invests his funds The parties can be both individuals and legal entities. Between legal entities This type of transaction can also be concluded between organizations.

Formally, one party transfers the funds belonging to it to the other for the purpose of subsequent profit. At the same time, it is important that each party takes into account the peculiarities of its taxation system.

Between individuals The legislator does not prohibit the conclusion of such a transaction between individuals. In practice, this can be done, for example, if you want to invest in trading on the stock exchange. One citizen transfers his finances to another who has the appropriate skills. In this case, citizens will also have to pay income tax.

Investment agreement

This Agreement shall enter into force on the date of its signing by the Parties and terminate after the Parties fulfill all obligations under it and complete mutual settlements between the Parties. 9.2. The terms of this Agreement may be changed by agreement of the Parties.

All changes, additions and agreements to this Agreement are an integral part of this Agreement if made in writing and signed by the Parties. 9.3. This Agreement may be terminated by agreement of the Parties, subject to the agreement of mutual settlements at the time of termination, as well as in other cases provided for by the legislation of the Russian Federation. 9.4. In the event of conservation of an object not completed by the construction, the Parties shall extend the validity of this Agreement or determine the conditions for its termination. 10. FINAL PROVISIONS 10.1.
But it is quite difficult for start-up organizations to get an investment loan. An additional priority in obtaining the necessary amount of money can be the presence of a bank account of the borrowing company in the bank.

in an investment company. Some people who have a sufficient amount of free funds unite in companies. The purpose of such an organization is to invest. Qualified employees of the company thoroughly check the proposed projects and invest in the most promising of them. Similar organizations can be found in any city. The search assistant is the Internet;
in any organization directly interested in the implementation of the proposed project. You can get an investment loan not only in credit or specialized organizations.

Sample investment agreement between individuals

Elimination of deficiencies is carried out in time after receiving a written application from the Investor. 6. RESPONSIBILITY OF THE PARTIES AND PROCEDURE FOR CONSIDERATION OF DISPUTES 6.1. The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of the Russian Federation. 6.2. In case of violation by the Investor of the terms for making investments under this Agreement, established by the Financing Schedule, the Customer-Builder has the right to increase the period for fulfilling its obligations in proportion to the period of delay in fulfilling its obligations by the Investor. 6.3. The risk of consequences of damage or loss of the result of investment activity passes from the Customer-Builder to the Investor upon signing the act of acceptance and transfer of the object under this Agreement (clause 5.2 of this Agreement). 6.4.

Investment process

Projects construction market attract more and more investors, and it is not surprising - investing in real estate remains extremely profitable, and therefore many are in a hurry to become an investor. However, what are the features of financing the construction of a residential building?

What is construction investment?

Many who are not familiar with the peculiarities of financing the construction of houses do not know what the fact of investing generally means. Often such an investment is confused with the usual purchase of housing, in which the investor sets commercial goals, namely, the subsequent resale of the object. However, buying a home, no matter what motives you are guided by, will always remain a purchase. Unless if you are ready to finance the whole house and you decide to buy three or four apartments at once, then you can already be called an investor, although in this case the definition will not be entirely correct.

Many investors are now introducing the practice of investing other people's money in a project, for example, the same bank, and after selling or renting out the purchased property, they give back the money. Thus, they do not risk their money, and still remain in the black. But not many people do this, but only those who are completely sure that the project will bring profit. For beginners, this method may not be suitable or you need to take an experienced specialist in your team to your team. Let him take his%, but you will be sure that the investment was not in vain.

How to become a land owner without money

To become a real investor, that is, to finance a commercial project, you need to understand that you share with the owner not only the profit, but also all the risks. Even investing in real estate at the excavation stage is not considered an investment, it is a share agreement and nothing more. To become an investor, it is not necessary to buy real estate, but to conclude an investment agreement for the construction of a residential building. Businessmen who have become an investor can invest money even before the start of construction and even influence the project of a residential building, because they become full participants in this business.

In a word, to become an investor, one should conclude a special investment agreement and invest in a commercial project, taking on some of the risks and obligations. You can prepare to finance an entire residential building, or vice versa, invest in real estate and construction in a fairly limited amount.

Investment process

In order to officially become an investor, one should conclude an investment agreement for the construction of a residential building or document the investment in commercial real estate. An investor is only those persons who invest money in real estate for subsequent profit, if an apartment or several objects are purchased for personal residence, then the owner is not listed as an investor.

As part of the financing of the construction of a residential building, a special investment agreement is concluded, which can be drawn up for both physical and entity. A real estate investor must act within the framework of the law "On investment activity in the Russian Federation", which is quite different from the law "On equity participation in construction". In the case of investment, the risks are shared with the developer, in case share agreement All risks are assumed solely by the developer.

The contract of equity participation in the construction provides some guarantees - the buyer must, after a certain period, receive ownership of the housing for which he paid. The investment agreement does not provide any guarantees, however, in case of favorable circumstances, it can bring significant profit if the property is successfully created and sold.

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When is an investment agreement signed?

To finance a large-scale residential project, you can invest in it at any convenient time. If an equity participation agreement can be executed only after the developer has received a building permit, then an investment agreement can be concluded even at the stage of the idea of building.

However, if desired, the investor may conclude a financing agreement at a later stage, for example, after the paperwork for the land plot and the approval of the project of the house with the appropriate authorities. The second option is undoubtedly safer.

Is it possible to terminate the investment agreement

As a rule, if you have already invested in the construction of a house, you must wait for the completion of the project, as you have assumed certain obligations and risks. However, sometimes the agreement prescribes the possibility of transferring their rights and obligations of the investor to another person. Thus, in this case, the investor can sell his share in the project to another investor who will take on all the associated obligations.

When the investment agreement expires

If you conclude an investment agreement, it should definitely specify the moment of expiration of the document. Usually, the contract terminates when its participants take ownership and receive their shares in the built house. Further, investors have the right to dispose of real estate at their discretion, but they do not have the right to live in housing. Previously, there were schemes when, under an investment agreement, it was possible to buy several apartments in a house at once, but today such a re-registration will be considered illegal.

As you can see, in order to become an investor, it is necessary to conclude a special contract for investing money in construction and become an integral participant in a commercial project, sharing both profit and risks with its other participants. It is possible to invest money in real estate at any stage of the development of the project, however, the investor does not have the right to buy housing for subsequent own residence - in this case, an agreement on equity participation in construction must be drawn up at an early stage of construction.