Real Estate Investment Trust (REIT) Agreement
Real Estate Investment Trust (REIT) Agreement
A Real Estate Investment Trust (REIT) Agreement is a legal document that establishes and governs the operation of a REIT. Key components include:
1. Structure and purpose of the REIT
2. Types of properties or real estate assets to be invested in
3. Management structure and responsibilities
4. Investment strategies and policies
5. Distribution of income to shareholders
6. Compliance with IRS regulations for REIT status
7. Rights and obligations of shareholders
8. Procedures for issuing and transferring shares
9. Reporting and disclosure requirements
10. Provisions for dissolution or termination
This agreement outlines how the REIT will operate, invest in real estate assets, and distribute income to shareholders. It ensures compliance with legal and tax requirements, particularly the obligation to distribute at least 90% of taxable income to shareholders annually. The document also defines the roles of trustees or directors and sets guidelines for decision-making processes. A well-drafted REIT Agreement is crucial for maintaining the trust’s legal status and protecting the interests of all stakeholders involved.