Real Estate Share Exchange Agreement

AGREEMENT FOR THE EXCHANGE OF SHARES IN REAL ESTATE Kyiv, "__" _________ ____. Citizens of the Republic of Turkey: on the one side - [full name of Citizen A], [date of birth], born in Istanbul, Republic of Turkey, RNOCPP ____________, with UNZR ____________ if available, residing in Kyiv at [address], married, acting through [full name of Citizen B] (hereinafter - THE REPRESENTATIVE) on the basis of a power of attorney certified by a private notary of [notarial district], [full name of notary], on "__" _________ ____ under register No. __, residing in Kyiv at [address], and on the other side - [full name of Citizen V], [date of birth], born in Aydin, Republic of Turkey, RNOCPP ____________, with UNZR ____________ if available, residing in Kyiv at [address], married, having been previously informed of the legal consequences of failing to comply with the law when entering into transactions, understanding the nature of this transaction and the meaning of their actions, being of sound mind and clear memory, acting voluntarily and without any physical or psychological coercion, having the necessary legal capacity, in the premises at [notary office address], which is the workplace of [full name of notary], private notary of the Kyiv City Notarial District, have concluded this agreement as follows: 1. SUBJECT OF THE AGREEMENT AND OTHER GENERAL PROVISIONS 1.1. Under this agreement, [full name of Citizen A] transfers to [full name of Citizen V] 1/2 share of non-residential premises No. __ (in letter A), located at [address1] in Kyiv, in exchange for the 30/100 shares of non-residential building No. __, located at [address2] in Kyiv, which belong to [full name of Citizen V] on the basis of private ownership. 1.2. The document confirming the private ownership of [full name of Citizen A] over the 1/2 share of the non-residential premises is an extract from the State Register of Rights to Immovable Property and a title document, in particular a sale and purchase agreement certified by [notarial district], [full name of notary], on "__" _________ ____ under register No. __. The ownership of [full name of Citizen A] in that share is registered in the State Register of Rights to Immovable Property. 1.3. The private ownership of [full name of Citizen V] over the 30/100 shares of the non-residential building is confirmed by an extract from the State Register of Rights to Immovable Property and a title document dated "__" _________ ____ under register No. __. 1.4. The exchanged shares are not under prohibition of alienation, arrest, tax lien, or any other encumbrance, which is confirmed by the relevant extracts from the State Register of Rights to Immovable Property and other registers checked by the notary. 1.5. If the exchanged shares are connected with a land plot or joint property, information about such rights and restrictions is stated separately in this agreement or in its annexes. 1.6. The parties value the 1/2 share of the non-residential premises at UAH ________ 00 kopecks, and the 30/100 shares of the non-residential building at UAH ________ 00 kopecks. The exchange is made without additional payment. 1.7. If the property is the spouses' joint property, the written consent of the other spouse is submitted separately and must be notarised. 2. ACQUISITION OF OWNERSHIP 2.1. Ownership of the exchanged shares arises for each party from the moment of state registration of rights in the State Register of Rights to Immovable Property. 2.2. As a result of the exchange, [full name of Citizen A] acquires ownership of the 30/100 shares of the non-residential building No. __ at [address2], and [full name of Citizen V] acquires ownership of the 1/2 share of the non-residential premises No. __ at [address1]. 3. DECLARATIONS AND WARRANTIES 3.1. The representative of [full name of Citizen A] and [full name of Citizen V] declare and warrant that the exchanged shares, before this agreement is concluded, have not been transferred to any other person, are not in dispute or under pledge, including tax lien, are not burdened by third-party rights, have not been contributed to the charter capital of business entities, have no hidden defects, and are not the subject of an inheritance agreement. 3.2. They confirm that they understand the content of this agreement, its terms and legal consequences, act voluntarily and without coercion, and that this agreement is not a sham or fictitious transaction. 3.3. They also confirm that the transaction is not made under the influence of severe circumstances and is not the result of a malicious agreement. 3.4. The draft of this agreement has been read by the parties, is clear to them, and has been approved by them. 4. LIABILITY OF THE PARTIES 4.1. In the event of non-performance or improper performance of their obligations under this agreement, the parties bear liability provided for by the current legislation of Ukraine. 4.2. If the agreement is declared invalid, the guilty party shall compensate the other party for the losses related to it. 5. PAYMENT OF EXPENSES 5.1. The costs of notarisation of this agreement, state registration of rights, property valuation, and obtaining extracts are paid by the parties in equal shares, unless otherwise agreed separately. 6. OTHER TERMS 6.1. Each party undertakes to pay utility and other charges relating to the object it used before the exchange by "__" _________ ____ and to provide supporting documents. 6.2. The parties have familiarised themselves with Articles 203, 210, 215, 216, 715 and 716 of the Civil Code of Ukraine and Article 65 of the Family Code of Ukraine. 6.3. The parties confirm that the content of this agreement and the articles listed in clause 6.2 are clear to them, and they have no unanswered questions. 7. This agreement is drawn up in three copies, one of which is kept in the files of [full name of notary], private notary of the Kyiv City Notarial District, and the others are issued to the parties. On [date], this agreement was notarised by me, [full name of notary], private notary of the Kyiv City Notarial District. The agreement was signed by the parties in my presence. The identity of the signatories, their legal capacity, as well as the authority of the representative and the ownership of the exchanged shares have been checked. In accordance with Article 210 of the Civil Code of Ukraine and the Law of Ukraine "On State Registration of Rights to Immovable Property and Their Encumbrances", ownership of the exchanged shares is subject to state registration. Registered in the register under No. __. The fee for the notarial act and state registration has been charged in accordance with the current legislation.