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Comprehensive Constitution
kyukkamba
#1 Posted : Sunday, September 05, 2010 11:32:55 AM
Rank: Member


Joined: 5/28/2010
Posts: 151
Can some one guide us where to find a good Lawyer to draft us a comprehensive Investment Club Constitution? As I stated in my previous post "New members and leaving members" we are now ready to start investing in the real estate but we need an experianced lawyer not only to draft but also guide us into making a good cosntitution covering all difficult areas..Pliz help.
Ni Uhuru wa Mbesha...Niguo kana tiguo?
mkonomtupu
#2 Posted : Monday, September 06, 2010 7:40:00 PM
Rank: Veteran


Joined: 2/10/2010
Posts: 1,001
Location: River Road
@kyukkamba, if i recall i had advised that you consider REIT a real estate investment trust i.e. a simple trust deed where you create units to represent your shareholding in the property fund then you can form a tailor-made company which will be the investment vehicle i.e. holding company. If you get a lawyer who understand the concept of a REIT you will avoid the wrangles of Mboi kamiti which actually a company.

I think what you should also be worried about is where shareholders contribute funds then after 20 years when the property has appreciated you have wrangles on the total contribution of members and you can differentiate between loans and capital to the company. Pliz don't go for those model investment club constitutions on the internet. Prepare to spend some good cash to get the right concept and the right constitution.
kyukkamba
#3 Posted : Tuesday, September 07, 2010 3:25:44 PM
Rank: Member


Joined: 5/28/2010
Posts: 151
Emptyhand ...I remember your post:-

Posted: Monday, May 31, 2010 12:05:02 PM
@kyukkamba, u will to understand NAV, i have copy pasted below a simple explanation. U will need to operate an investment company and run it like a mutual fund i.e. the way unit trusts operate.

"Net asset value is most commonly used in the context of open-ended funds. Shares and interests in such funds are not traded between investors, but are issued by the fund to each new investor and redeemed back to the fund when an investor withdraws. A fund will issue and redeem shares and interests at a price calculated by reference to the NAV of the fund, with the intention that new investors receive a fair proportion of the fund and redeeming investors receive a fair proportion of the fund's value in cash."

Where did u copy paste this from? Can you provide a link? I need to study the whole concept it looks very interesting. I wish I was awake the first time u posted it..pole.

I don't see any problem in the future sababu ours is a full contribution at the start (1M Each)na baadae hakuna kitu...Ni kugojea matunda after 5 Years to 10 years..etc.
Ni Uhuru wa Mbesha...Niguo kana tiguo?
mkonomtupu
#4 Posted : Tuesday, September 07, 2010 7:40:59 PM
Rank: Veteran


Joined: 2/10/2010
Posts: 1,001
Location: River Road
@ kyukkamba, if it's a full contribution then you can do a holding/management company. I had in mind a group of 10 members contributing initial kitty towards a mortgage then doing monthly payments.

I can't remember the link but you can check out the Africa Reit Ltd website, they have a similar concept.
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