Legal Documents

Ownership

All of this, all the excitement, the colour, the tradition, the rustic beauty, the crystal water, the lush valleys and rock-solid mountains, the style, the island life, can now be yours to own.

Developed and run by the Seychellois company Eden Island Development Company (Seychelles) Limited, freehold title will be granted to investors upon completion of the apartments, maisons and villas, and every owner and his or her immediate family can qualify for permanent residency of the Seychelles.

Related documentation

These documents relate to the tax and corporate stuctures in the Seychelles available to Eden Island investors.

Reserving a Unit

The purpose of this document is to give a brief description of the documents contained in the Sales Documentation and to provide guidelines for the execution of the agreements forming part of the Sales Documentation.

Should you have any further questions concerning the sales documentation, please do not hesitate to contact the relevant agent.

The Sales Documentation booklet consist of 3 parts, namely –

  • the Contract Schedule;
  • the Agreement of Sale; and
  • the Agreement of Lease (Berth)

In addition to the Sales Documentation booklet, there are, in loose leaf, separate annexures including the Subdivision Plan, Plans in respect of the relevant property and the Mooring Plan. Those annexures are to be kept in the sleeve at the back cover of the Sales Documentation booklet for the purposes of safekeeping.

Paragraph B of the Contract Schedule (information relating the Purchaser/Lessee) must be completed in full.

If the Purchaser/Lessee comprises more than one person, paragraphs B.1 to B.4 must be completed in respect of all those persons.

Please note that the address in B.5 must be a physical address in the Republic of Seychelles.

The Agreement of Sale and the Agreement of Lease (Berth) must be signed on the relevant Signature Documents.
Notes:

  • If the Purchaser/Lessee is an artificial person (e.g. a company or a trust), the Signature Documents must be signed by a duly authorised signatory.  A resolution of the Purchaser, in terms of which the signatory is authorised to sign the Agreement of Sale and the Agreement of Lease (Berth), must be submitted to the Seller/Lessor.
  • It is not necessary that the consenting spouse of the Purchaser/Lessee signs the Signature Documents whether they are married in community of property or not.
  • If the Purchaser/Lessee is an artificial person, the signatory must also sign the signatory’s undertaking on the second page of each of the Signature Documents.
  • If the Purchaser/Lessee comprises more than one person, all persons must sign the Signature Documents.
  • All signatures must be witnessed by 2 witnesses.

Please note that the Purchaser in terms of the Agreement of Sale and the Lessee in terms of the Agreement of Lease (Berth) must be identical.

Those annexures which are separate documents (see paragraph 2.2) must be signed by the Purchaser (or its duly authorised signatory) separately at the space provided for that purpose on each of those annexures.

Contract Schedule
The Contract Schedule contains all relevant information of the Purchaser, the apartment concerned, the purchase price and the berth leased in terms of the Agreement of Lease.  The Contract Schedule forms an integral part of the Agreement of Sale and the Agreement of Lease (Berth).
Contract Schedule
The Contract Schedule contains all relevant information of the Purchaser, the apartment concerned, the purchase price and the berth leased in terms of the Agreement of Lease.  The Contract Schedule forms an integral part of the Agreement of Sale and the Agreement of Lease (Berth).
Agreement of sale: Signature documents
By signing the Signature Document of the Agreement of Sale, the parties execute the Agreement of Sale. The Signature Document also contain a separate signatory’s undertaking.
Conditions of sale
The Conditions of Sale contain the terms and conditions upon which the Seller sells and the Purchaser purchases the property concerned.
Annexure A: Explanatory notes
The Explanatory Note contains a brief description of Latin legal phrases used in the Sales Documentation.
Annexure B: Village Management Association Constitution (draft)
The relevant property will form part of a development which will be managed and administered by the Village Management Association. The object and the business of the Association, its rights and obligations, and the rights and obligations of its members are stipulated in its Constitution.
Annexure C : Management Corporation Rules (only applicable for Apartments)
The apartment sold in terms of the Agreement of Sale (Apartment) will form part of a condominium scheme relating to the building in which that apartment is situate. Each owner of any apartment in that building will become a member of the Management Corporation formed in respect of that condominium scheme. The object and the business of the Management Corporation, its rights and obligations, and the rights and obligations of its members are stipulated in its Management Corporation Rules.
Annexure D : Specimen sanction application form
The specimen sanction application form sets out the form of application which a Purchaser who is a non-Seychellois has to make for the acquisition of the relevant property and the lease of the Berth.
Agreement of lease : Signature document
By signing the Signature Document of the Agreement of Lease (Berth), the parties execute the Agreement of Lease (Berth). The Signature Document also contain a separate signatory’s undertaking.
Conditions of lease
The Conditions of Lease contain the terms and conditions upon which the Seller lets and the Purchaser leases the Berth.
Annexure A : mooring areas and waterways conduct rules
The document sets out specific rules and regulations in respect of the use of any berth within the mooring areas, and in general, the use of the mooring areas and waterways.
This document is for information purposes only. Neither the Seller nor any of its representatives or agents will be bound by any statement, representation or information, whether express or implied, made or given in this document. A purchaser is advised to seek his or her own legal or other advice in respect of the Sales Documentation, as he or she may deem necessary.Individual ownership, co-ownership, corporate ownership and ownership as a partnership.
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