CONTRACT ELEMENTS

„The wealth pool contract forms a solid basis for the relationship between project organisers and investors.“

Dr. Markus Distelberger
Here is a brief summary of the key points of the contract. These fundamentals are customised specifically to suit the kind of investment, the project or business being financed.

People support a specific project that they know and whose managers they trust by making money available to it on a loan basis for an indefinite period of time, secured by the CPI (consumer price index) or with low interest rates.

The money is intended to be used only for the acquisition of objects of lasting value (e.g. purchase of land or erection of buildings). The providers listed in the land registry are protected by a trustee mortgage on these objects.

Unless a minimum period has been agreed, the money invested can be taken out again three months from the end of the next calendar quarter (31.3., 30.6., 30.9. or 31.12.). To make this possible,

  • it is agreed in the trust contract concluded with the trustee that a cash reserve of at least 10% of the total illiquid pool volume be retained in the escrow account.
  • The operator of the pool ensures that further deposits go into the pool.
  • If the cash reserve is not sufficient for disbursement due to the coincidence of several disbursement requests, the disbursement period is extended in further three-month stages until the necessary liquidity for disbursement is available, in extreme cases up to a maximum of 3-5 years (depending on the contractual agreement).
  • The payout of contributions is always possible by selling parts of the property assets.
  • If none of these measures enables payouts to be made on time, it becomes the task of the trustee to auction the property and distribute the proceeds.

Participation in the wealth pool is a loan agreement and not participation in a company. The buildings are all to be erected by the association/company under its own economic and legal responsibility without investors in the pool being held liable for debts incurred in relation to the erection and maintenance of the buildings.

There is full transparency between the operator of the pool and its investors in terms of the holdings in and use of the real estate asset. Everyone will receive a list of all relevant details at least once a year.

The escrow agreement with the trustee sets out in detail the conditions under which he/she can transfer amounts from the escrow account to the association/company.

In most projects, the costs of trusteeship are borne by the pool operators (currently between 3 and 5 per mille per year of the pool volume). However, income tax or capital gains tax is payable on the value protection or interest paid out, which must be borne by the investors.