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Management Agreement Contract

Management Agreement Contract Template for Belgium

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Key Requirements PROMPT example:

Management Agreement Contract

"I need a Management Agreement Contract under Belgian law for appointing a CFO to our technology startup, starting March 1, 2025, with specific provisions for stock options and performance-based bonuses."

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Document background
The Management Agreement Contract is a critical document used in Belgian business practice to formalize the engagement of senior management personnel on an independent contractor basis rather than as employees. This arrangement is particularly common in Belgian corporate structures where professional managers provide services through their own management companies or as independent professionals. The document must carefully balance the requirements of Belgian corporate law, social security regulations, and tax legislation to ensure the independent nature of the relationship is properly established and maintained. It typically includes comprehensive provisions on duties, remuneration, independence, and corporate governance, while addressing specific Belgian legal requirements regarding management responsibilities and liabilities. This type of agreement is essential for companies seeking to engage professional managers while maintaining clear corporate structures and compliance with local regulations.
Suggested Sections

1. Parties: Identification of the company and the manager, including their full legal details and capacity

2. Background: Context of the agreement, including corporate structure and purpose of the management appointment

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Formal appointment of the manager and detailed description of management duties and responsibilities

5. Duration and Term: Period of the agreement, including start date and whether fixed-term or indefinite

6. Time Commitment: Expected time dedication and flexibility requirements

7. Independence and Status: Clear statement of independent contractor status and autonomy in service delivery

8. Remuneration: Management fees, payment terms, and any variable compensation elements

9. Expenses: Policy on business expenses and reimbursement procedures

10. Obligations of the Manager: Key duties, reporting requirements, and standard of care

11. Company's Obligations: Support, information, and resources to be provided by the company

12. Intellectual Property: Ownership and treatment of IP created during the management relationship

13. Confidentiality: Protection of company information and trade secrets

14. Termination: Grounds for termination, notice periods, and consequences

15. Post-Termination Obligations: Continuing duties after agreement ends

16. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Compete and Non-Solicitation: Restrictions on competitive activities and client/employee solicitation, optional based on seniority and market sensitivity

2. Insurance: Professional liability and other insurance requirements, if applicable to the role

3. Corporate Opportunities: Treatment of business opportunities discovered during management role, relevant for senior positions

4. Multiple Appointments: Rules regarding holding other management positions, needed if not exclusive

5. Share Options or Equity Participation: Terms of any equity-based compensation, if offered

6. Performance Criteria: Specific KPIs and evaluation methods, if performance-based compensation applies

7. Authority Limits: Specific monetary or decision-making limitations, important for regulated industries

8. Data Protection: Detailed GDPR compliance provisions, if processing personal data

9. Force Majeure: Provisions for extraordinary circumstances affecting performance

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed description of management services and responsibilities

2. Schedule 2 - Remuneration Structure: Detailed breakdown of fees, bonuses, and calculation methods

3. Schedule 3 - Expense Policy: Detailed policy on reimbursable expenses and procedures

4. Schedule 4 - Company Policies: Key corporate policies applicable to management

5. Appendix A - Board Resolution: Copy of board resolution approving the management appointment

6. Appendix B - Performance Metrics: Detailed KPIs and evaluation criteria if applicable

7. Appendix C - Restricted Client List: List of clients covered by non-solicitation provisions

8. Appendix D - Powers of Attorney: Any specific authorities granted to the manager

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Appointed Manager
Affiliate
Annual Fee
Applicable Law
Board
Business Day
Company
Company Group
Confidential Information
Corporate Opportunity
Effective Date
Force Majeure Event
Good Reason
Intellectual Property Rights
Management Services
Material Breach
Parent Company
Performance Criteria
Restricted Business
Restricted Client
Restricted Period
Services
Subsidiary
Term
Territory
Trade Secrets
Variable Compensation
Working Day
Year of Service
Management Company
Articles of Association
Business Plan
Cause
Change of Control
Company Policies
Competing Business
Control
Key Performance Indicators
Notice Period
Professional Expenses
Serious Misconduct
Termination Date
VAT
Clauses
Appointment
Term and Duration
Independence Status
Management Services
Authority and Powers
Duties and Obligations
Performance Standards
Time Commitment
Remuneration
Variable Compensation
Expense Reimbursement
Tax and Social Security
Reporting Requirements
Board Relationship
Confidentiality
Intellectual Property
Data Protection
Non-Competition
Non-Solicitation
Corporate Opportunities
Conflict of Interest
Multiple Appointments
Professional Insurance
Termination
Notice Period
Post-Termination Obligations
Company Property
Force Majeure
Assignment
Amendments
Severability
Entire Agreement
Notices
Governing Law
Jurisdiction
Good Faith
Representations and Warranties
Indemnification
Authority Limits
Record Keeping
Audit Rights
Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Healthcare

Retail

Real Estate

Energy

Telecommunications

Construction

Logistics

Consulting

Education

Media and Entertainment

Relevant Teams

Legal

Human Resources

Corporate Governance

Finance

Executive Office

Compliance

Board Secretariat

Risk Management

Corporate Affairs

Administrative

Relevant Roles

Chief Executive Officer

Managing Director

Chief Financial Officer

Chief Operating Officer

Executive Director

Non-Executive Director

General Manager

Country Manager

Regional Director

Business Unit Director

Project Director

Department Head

Senior Advisor

Management Consultant

Interim Manager

Industries
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): Fundamental legislation governing all contractual relationships in Belgium, including general principles of contract formation, validity, and enforcement
Belgian Company Code (Code des Sociétés et des Associations/Wetboek van Vennootschappen en Verenigingen): Regulates corporate governance, director duties, and management responsibilities in Belgian companies
Belgian Social Security Legislation: Determines the social security status of managers and the applicable contributions regime, particularly important for distinguishing between employee and independent status
Belgian Income Tax Code: Governs the tax treatment of management fees and benefits, including specific provisions for company directors and managers
Corporate Governance Code 2020: Contains recommendations and guidelines for good corporate governance in Belgian listed companies, including management principles
Act on Market Practices and Consumer Protection: Relevant for certain aspects of commercial relationships and fair business practices
Belgian Competition Law: May be relevant for non-compete clauses and market restriction provisions in management agreements
GDPR and Belgian Data Protection Act: Regulates the processing of personal data, relevant for privacy aspects of the management relationship
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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