Derivative purchase and sale agreement + property rights purchase and sale agreement
To raise funds for construction, the buyer enters into 2 agreements: a contract of sale of securities (derivative) with an investment fund or asset management company and a contract of sale of property rights with the construction customer.
The contract of sale of property rights is concluded after the buyer has fulfilled its monetary obligations under the contract of sale of securities or other financial documents (derivative). Derivative - a standard document certifying the right and / or obligation to purchase or sell in the future securities, tangible or intangible assets, as well as funds on the terms specified by him in accordance with paragraphs. 14.1.45 of the Tax Code of Ukraine.
The subject of the contract of sale of securities or other financial documents is a forward contract. A forward contract is a bilateral civil agreement in a standard (standard) form, which obliges a person to buy or sell a basic act in the future at a certain time and under certain conditions with a fixed sale price at the conclusion of the contract.
The sale of a forward contract is assured (registered) in the commodity exchange. According to Part 2, Art. 656 of the Civil Code, the form of the contract must be in writing, but the notary can not be certified. The contract of purchase and sale of property rights to real estate, which the buyer enters into with the customer of construction - is the basis for the ownership of property rights under the relevant act. When the house is put into operation and assigned a postal address, the buyer will receive what he paid for under the contract.