INVESTMENT AGREEMENT
This Investment Agreement (the “Agreement”) is entered into as of January 1, 2021, (hereinafter, “Effective Date”) by and between Bubbari, (hereinafter the “Company”) of __________________address and ___________________(hereinafter the “Investor” of _______________address. The Company and Investor collectively referred to as the “Parties” or individually as the “Party” and includes that Party’s successors and assigns.
RECITAL
Whereas the Parties now wish to enter into this Agreement wherein the Investor will invest ____________QAR(hereinafter the “Investment” ) in the Company in the form of a profit sharing loan, in line with the terms of this Agreement.
CLAUSES
- TERM
This Agreement shall be valid from the Effective Date until ________________(hereinafter the “Term”).
- Initial Categorization & Service.
- The Investor hereby appoints ……………(hereinafter the “Appointee”) in accordance with the investment strategy and as agreed by the parties to purse the Investment details..The Appointee can either be treated as Elective(Passive) Investor or Active Investor.
- As an Active Investor, they can request at any time, the Company’s financial details showing the Company’s progress in probability and capital structure.
- In the case of aPassive Investor, the Company will share the Investment and the decided Investment interest percentage at end of the fiscal year.
- The Investor must be informed and agree on the small, medium, higher risk, and other related or associated risk which may be incurred by the Investment and suitability advised to resolve the issues as soon as possible.
- The Investor agrees that the Company may withhold their financial information including but not limited to verify the Investor’s identity and financial standing [MK2] if the Investor agrees.
- The Investor warrants and guarantees that they have expertise, experience and knowledge to understand the risk that they may incur herein and agree to be involved in future investment if required. The Investor agrees to indemnify, hold harmless and defend the Company and its directors, officers, employees, and agents from and against any action, claim, demand, or liability, including reasonable attorney’s fees and costs, arising from such risk herein.
- .
- The Investor has a right to raise a concern regarding the Company’s financial information in writing if they are not satisfied with the Company’s financial reporting.
- In the event the Investor changes the Appointee, , they must promptly inform the Company.
3) Investment
3.1) In respect of the Investor’s Portfolio:
- The Investor foregoes and waives any claim to a fixed rate of interest on his loan to the Company, in exchange for profit related interest equal to ________% of all the profits, rights, interests and/or gains generated by the Investment during the Term (hereinafter the “Return (s)”). The Investment amount shall be paid within ____________from the Effective Date.
- The Investor shall make the Investment to theCompany (by means of electronic transfer, Cheques or Cash subject to the mutual understanding of both parties) on or before the Execution Date and shall provide proof of the said transfer or deposit where applicable.
- The Investor has right to invest further amounts e.g in case of new product development and marketing of the Brand which generate higher profitability. This further investment will be treated as a separate investment and the parties must agree in writing on the terms that will govern the said further investment.
- The Investor may not impose the decision on the Company to investment in a loss making product. The Investor will have no right to withdraw the Investment for a period of 1 Year from the Effective Date. After the said 1 year, the Investor may withdraw the Investment after serving a 30 day’s written notice to the Company and the Company will be liable to pay the full Investment amount owing to the Investor along with the agreed profits percentage[MK3] due at the time.
3.2) In the event the Investment is not contributed and invest in the Company and according to the business strategy and agreed
investment policy within the initial period, the Investor has a right to request the refund of the Investment or provide
an appropriate investment strategy to generate profitability by
applying alternative investment strategy.
3.3) The Investor will be provided with the multiple investment exposure by the Company and future development of investment portfolio depending on the profits percentage . The Company will provide complete description and documentation of investment portfolio with future return within 8 working days after the signature and receipt of the investment amount.
4) Service
The Investor must be provided with Free Service regarding the investment strategy with complete discretion over the Investment , refunded amount, yearly return and all the transaction which effect the investment. The Investor must be aware of the Market situation and the Company will provide Free Service and market information regarding the future investment opportunities and Projects.
5) Investment Strategy:
The Investor agrees that the Investment strategy and investment conditions will not be breached as a result of any event and circumstances. The Investor input and consultant will be highly appreciated in case of changing pricing strategy and change/ reduction in percentage of return on investment according to the market with mutual agreement between the parties..
6) Term Applicable and Execution policy
The Investor should be aware about the investment policy and rules which is established according to the market demand and investment rule and regulation. If the Investor is investing any other commodities which is related to the Company’s business, they have to inform the Company accordingly. The Investor hereby confirms that they have understood and read the execution policy which is mutually agreed by both parties. The Investor’s specific instruction regarding the execution of the Investment shall be highly considered and should be according to the investment policy. The Investor recognizes that each individual aggregated transaction may operate to the advantage or disadvantage of the Investment.
7) Reports and valuations
The Investor is entitled to get periodic report after 6 months.The Investor must acknowledge the complete understating of the reports. The Investor must be informed regarding the Fair Value of Investment and future returns which provided the forecasted return and fair value. The Report must include the performance and valuation of the Investment provided by the Investor. The Investor has authority to audit the financial report and authentication and validation of the report will be guaranteed by the Company.
8) Fees and expenses
The Company has the discretion to charge the Investor fees in the event the Investor discloses the confidentially of this Agreement including applicable legal fees. The Investor will have to bear the expense for an external auditor or financial advisor who provide the financial consultancy to the Investor regarding their Investment.
9) Obligations of the Investor
The Investor is obliged to provide the information which is basis for the declaration made by the Investor in their application form including:
- A written statement on whether or not the Investor wishes to seek complete details of the Investment on a monthly, or yearly basis.
- The Investor must provide a written declaration of any profit/ or return received on Investment for a period of 3years.
- The Investor to provide the complete address and detail information to the Company which is accurate as dated on the Agreement.
The Investor must inform on any change in the information which is provided in the application form. The Investor shall also inform the Company regarding the financial advice to prevent from future investment. The Investor is obligated to demand a complete feasibility report before making a future investment.
12) Material Interest & Conflicts
The Investor must ensure fair treatment between both parties. The Investor must be aware of the Company’s conflict-of-interest policy(s) and understand the said policy(s). The Investor must not have or invest in the similar business or provide confidential data to any other parties in similar business to that of the Company. In the event the Investor has already invested in similar business or has similar business, the Investor must make sure no conflict of interest arises therein. The Investor must clarify the above return and percentage clause which will not case the conflict of interest.
13) Termination, complaints, withdrawal and return of investments
This Agreement shall automatically terminate once the Investor has received their Investment, and all the agreed percentage or return from the Company The Investor must acknowledge in writing all due payment has been settled by the Company.
Subject to Clause 3.1 (d), that limits the Investor from withdrawing the Investment prior to 1 year, either party may terminate this Agreement upon service to the other party of no less than 3 months’ notice in writing. If a party wishes to terminate the Agreement with less than these stated days, the other party reserves the right to charge costs that they have already paid in advance or incurred.
The termination of this agreement shall not discharge the liabilities accumulated by either party. Any Clauses intended by the parties or this Agreement to survive the termination of this Agreement shall survive the termination of this Agreement by whatever cause.
If the Investor wishes to cancel the Agreement, they must first notify the Company in writing with concrete reason to request for repayment of the fund. In case of termination, by the Investor, before the Terms expires, the Company will charge the ………… QAR and no investment return will be paid. The Investor is obligated to pay any deduction charges which are enforced by the Company .
This Agreement will be eligible if the Investor wishes the withdrawal of all or uninvested cash excluding the investment fees which they are not entitled to withdraw (if they doubt or are not satisfied with investment strategy). [MK4]
- In case of any breache by the Investor, the Company will notify the Investor of the breach through a 30 day’s written notice and require that the Investor remedy the breach within that 30 days’ notice period failure to which the Company may immediately terminate the Agreement[MK5] .
- If the Investor is declared bankrupt or faces any legal case, that may affect this Agreement per the Company’s discretion[MK6] , this Agreement will be subject to termination unless the Investor provides proof of clearance from the said charges and bankruptcy.
- In case of any complaint from the Investor regarding the financial reporting, the Company must provide in-depth clarification to the Investor failure to which the Investor will have the right to terminate the Agreement and claim the Invested [MK7]
- [MK8]
15) Consequences of termination
The Investor is entitled to claim the complete documentation and net cash, or Realizable investment amount (after deduction and fees) as decided by the Company after the termination of the Agreement. In other cases, the Company y will be notified to re-claim the amount if the termination is done under breach of Agreement and other circumstances.
16) Information contained in the Investment Details
The Investor has taken all reasonable care to ensure that the facts stated in the Investment Details are true and accurate in all material respects and that there are no other facts whose omission would make any statement of fact in the Investment Details materially misleading or inaccurate. Certain information contained in the Investment Details has been obtained from published sources prepared by third parties. The Company does not accept or assume any responsibility for the accuracy or completeness of such information. No person has been authorized in connection with the investment opportunity described in the Investment Details to give any information or to make any representations other than as contained in the Investment Details, and, if given or made, such information or representation must not be relied upon as having been authorized.
The information contained in the Investment Details should not be assumed to have been updated at any time after……………. and the provision of the Investment Details to the Investor does not constitute a representation by the Manager that such information will be or has been updated at any time after the date of the Investment Detail20) Confidential information
Neither party shall disclose to third parties’ information the disclosure of which it would be or might be a breach of duty or confidence to any party . The parties will at all times keep confidential all information acquired under this Agreement, except for information which:
- is in the public knowledge.
- may be entitled or bound to disclose under compulsion of law or applicable regulation.
- is requested by regulatory agencies (Like police and
financial tax authorities);
- is given to its professional advisers & (Auditor) where reasonably necessary for the performance of their professional services.
Signed by the duly authorized representative of the COMPANY Signature: Name: Designation: Date:…………………………………………………… | Signed by the duly authorized representative of the INVESTOR/INVESTOR Signature: Name: Designation: Date:………………………………………………….. |
[MK1]This is unnecessary and a repetition of what is already contained in the Recital.
[MK2]Please note that is unclear what you intend to mean by this statement.
[MK3]Please note that the statement was unclear and contradictory. I made by best attempts to rephrase it.
[MK4]I have reworded this and provided for it in the second paragraph above.
[MK5]The notice should be for compliance and not clarification or explanation. Clarification or explanation will drag the issue for an unknown period of time.
[MK6]Stating “any legal case” is too broad. You should limit it to cases that may affect the Agreement as per your discretion.
[MK7]This is a repetition.
[MK8]This Agreement is between the Company and the Investor, you cannot tie the heirs to notify you of the Investor’s death yet they do not know about the Agreement to begin with. It will not be practicable. The Investor’s heirs and successors will come in when it is you following up on them or suing them in place of the Investor, it will be you making them aware of the Agreement and that they should make payments in place of the Investor.
[MK9]Please note that it was difficult to understand what your intention was in this paragraph. From the little I could gather, it is in conflict with the paragraph above that states that some facts/ details in the Investment Details do not constitute the Company’s facts/ details.
[MK10]This is a repetition, both parties have already been bound to confidentiality.
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