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Corporate Ownership
SERVICES
Corporate Property
The initial process for corporate-owned property is similar to private property. Upon successfully finding the perfect property and negotiating the terms of your property purchase, your real estate consultant will prepare a Letter of Intent. This document meticulously outlines crucial details such as the purchase price, deposit amount, payment schedules, deadlines, and other pertinent information. Subsequently, this document serves as a comprehensive reference detailing the agreed-upon terms, which will then be forwarded to the seller. Once both parties agree with its content the letter of intent will will then be sent to the lawyers.
The Purchasing Process
It is highly likely that the property you've chosen is owned by a corporate entity. In such cases, the property transaction involves acquiring shares of the company that owns the property. Typically, these corporate structures are registered in locations like Malta and Delaware, although there are other jurisdictions on the 'white list' as well.
If the property you're interested in falls under this category, your lawyer will conduct thorough research not only on the property itself but also on the company. This due diligence process aims to uncover information about the corporate structure's history, representation, warranties, rates, fees, and legal procedures.
Following this, a Share Purchase Agreement will be drafted to outline all the transaction conditions. Upon mutual agreement and signature by both parties, a deposit, usually 10% of the purchase price, will be paid to the seller through the lawyer's client account. The transaction operates within the jurisdiction where the company is based, although it can also occur under Portuguese jurisdiction or any other jurisdiction agreed upon by the involved parties. This ensures compliance with the formalities necessary for the transfer of shares/rights, as stipulated by the jurisdiction where the company is domiciled.
Corporate Ownership
Exchange of contract
Both parties finalize the process by fulfilling the terms outlined in the Share Purchase Agreement and transferring the remaining purchase price to the sellers through the client's lawyer account. Following this, the management company will promptly transfer the shares from the seller to the buyer. The entire process is swift, straightforward, and conducted in English.
Conclusion
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