Real Estate Investment Trust Agreement

Real Estate Investment Trust Agreement: What You Need to Know

Real Estate Investment Trusts (REITs) have become a popular investment vehicle in the real estate industry. A REIT is a company that primarily invests in income-generating real estate properties and offers its investors the opportunity to invest in a diversified portfolio of real estate assets. To operate as a REIT, a company must meet specific requirements under the tax code, including the distribution of at least 90% of its taxable income to shareholders as dividends.

To set up a REIT, the company needs to draft and execute a REIT Agreement, also known as a Trust Indenture. It is a legal document that outlines the terms and conditions of the REIT`s operations, operational structure, ownership, and management. The agreement also includes the rights and obligations of shareholders and the trustees who oversee the management and operations of the REIT.

Here are the key components that a REIT Agreement should typically include:

1. Purpose and Scope: The REIT Agreement should clearly state the REIT`s purpose, which should align with its tax status as a real estate investment trust. It should also outline the scope of the REIT`s activities, including the types of real estate assets it will invest in.

2. Ownership Structure: The ownership structure of a REIT is crucial to its operations. The REIT Agreement should detail the ownership structure, including the classes of shares, voting rights, and restrictions on the transfer of shares.

3. Management and Operations: The REIT Agreement should provide details about the REIT`s management and operations, including the appointment and removal of trustees, their powers, and responsibilities. It should also outline the mechanisms for decision-making, including meetings, voting, and quorum requirements.

4. Distributions and Dividends: One of the critical requirements for REITs is to distribute at least 90% of their taxable income to shareholders as dividends. The REIT Agreement should spell out the terms and conditions for declaring and distributing dividends, including the frequency and amount of distributions.

5. Termination: It is possible for a REIT to terminate its operations, either voluntarily or involuntarily. The REIT Agreement should outline the procedures and requirements for termination, including the treatment of outstanding shares, assets, and liabilities.

In conclusion, a REIT Agreement is a legal document that governs the operations and management of a real estate investment trust. It is a crucial document that outlines the rights and obligations of shareholders, trustees, and the REIT itself. As an investor, it is vital to understand the provisions of the REIT Agreement before investing in a REIT.