The Management Agreement is a crucial document used when appointing senior executives or directors to manage a company's operations under Belgian law. It is particularly relevant when structuring relationships with self-employed managers rather than traditional employees, requiring careful consideration of Belgian social security and tax implications. The agreement typically includes detailed provisions on management duties, remuneration, performance expectations, and corporate governance requirements, while ensuring compliance with the Belgian Companies and Associations Code. This document is essential for establishing clear boundaries of authority, responsibilities, and expectations in corporate management relationships, while protecting both the company's and the manager's interests in accordance with Belgian legal requirements.
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1. Parties: Identification of the company and the manager, including corporate details and registration numbers
2. Background: Context of the agreement, including company structure and purpose of the management appointment
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Formal appointment of the manager, duration of the agreement, and renewal terms
5. Scope of Services: Detailed description of management services and responsibilities
6. Time Commitment: Expected time dedication and availability requirements
7. Remuneration: Management fee structure, payment terms, and expense reimbursement
8. Independent Contractor Status: Clarification of self-employed status and tax/social security implications
9. Obligations of the Manager: Key duties, compliance requirements, and standard of care
10. Company's Obligations: Support, information, and resources to be provided by the company
11. Confidentiality: Protection of company information and trade secrets
12. Non-Competition: Restrictions on competing activities during and after the agreement
13. Termination: Grounds for termination, notice periods, and consequences
14. Governing Law and Jurisdiction: Confirmation of Belgian law application and dispute resolution
15. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Group Company Provisions: Additional terms for management services provided to group companies
2. Intellectual Property Rights: Specific provisions for IP created during the management relationship
3. Insurance and Indemnification: Details of required insurance coverage and indemnification terms
4. Performance Metrics: Specific KPIs and performance evaluation criteria
5. Corporate Governance Compliance: Specific provisions for compliance with corporate governance code if applicable
6. International Travel: Terms regarding international assignments and travel requirements
7. Data Protection: GDPR compliance and personal data handling if relevant
8. Share Options or Incentive Schemes: Terms of any equity-based compensation
1. Schedule 1 - Scope of Services: Detailed list of management duties and responsibilities
2. Schedule 2 - Remuneration Package: Detailed breakdown of fees, bonuses, and benefits
3. Schedule 3 - Expense Policy: Guidelines for expense claims and reimbursement procedures
4. Schedule 4 - Company Policies: Key company policies applicable to the manager
5. Schedule 5 - Performance Criteria: Detailed performance metrics and evaluation methods
6. Appendix A - Power of Attorney: If applicable, specific powers granted to the manager
7. Appendix B - Corporate Approval: Board or shareholder resolutions approving the appointment
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