Management Partnership Agreement Template for Belgium

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Key Requirements PROMPT example:

Management Partnership Agreement

"I need a Management Partnership Agreement under Belgian law for a technology consulting firm, where a management company will provide CEO services to our Belgian subsidiary, including specific provisions for performance-based compensation and protection of intellectual property."

Document background
The Management Partnership Agreement is a crucial document used in Belgian business contexts when establishing formal management relationships between companies or between a company and professional managers. This agreement type is particularly relevant under Belgian law where management services are provided through a separate legal entity or by individual managing partners. The document addresses essential aspects required by Belgian corporate law, including management responsibilities, governance structures, financial arrangements, and compliance requirements. It is commonly used in situations requiring professional management services, corporate restructuring, or when implementing new management structures. The agreement must comply with Belgian Company Code requirements and consider specific Belgian tax and social security implications for management companies and individual managers.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, registration details, and registered addresses

2. Background: Context of the agreement, including brief description of the parties' businesses and purpose of the management partnership

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Partnership: Detailed description of the management services to be provided and the partnership structure

5. Appointment and Term: Terms of appointment, duration of the agreement, and renewal provisions

6. Management Rights and Obligations: Specific rights, responsibilities, and duties of the managing partner

7. Governance Structure: Decision-making processes, voting rights, and management hierarchy

8. Financial Arrangements: Compensation, profit sharing, expense allocation, and financial reporting requirements

9. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority

10. Confidentiality: Provisions regarding protection of confidential information and trade secrets

11. Liability and Indemnification: Allocation of risks, liability limitations, and indemnification obligations

12. Insurance: Required insurance coverage and minimum policy requirements

13. Termination: Grounds for termination, notice requirements, and consequences of termination

14. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution

Optional Sections

1. Non-Compete and Non-Solicitation: Restrictions on competitive activities and solicitation of employees/clients, included when protecting business interests is crucial

2. Intellectual Property Rights: Provisions regarding ownership and use of IP created during the partnership, included when IP creation is expected

3. Data Protection: GDPR compliance and data handling procedures, included when personal data processing is involved

4. Force Majeure: Provisions for unforeseen circumstances preventing performance, included when specific risk allocation is needed

5. Anti-Corruption Compliance: Anti-bribery and corruption provisions, included when international business or public sector interaction is involved

6. Environmental Compliance: Environmental responsibilities and commitments, included for environmentally sensitive industries

7. Social Media and Communications: Guidelines for public communications and social media use, included when public representation is important

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of management services to be provided

2. Schedule 2 - Fee Structure: Detailed breakdown of management fees, profit sharing, and payment terms

3. Schedule 3 - Key Performance Indicators: Performance metrics and evaluation criteria

4. Schedule 4 - Governance Procedures: Detailed procedures for meetings, voting, and decision-making

5. Schedule 5 - Insurance Requirements: Specific insurance types, coverage amounts, and provider requirements

6. Appendix A - Power of Attorney: Standard power of attorney form if required for specific management actions

7. Appendix B - Compliance Procedures: Detailed compliance procedures and reporting requirements

8. Appendix C - Contact Details: List of key contacts and their roles for both parties

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

Relevant legal definitions
Clauses
Relevant Industries

Professional Services

Financial Services

Manufacturing

Technology

Real Estate

Healthcare

Retail

Hospitality

Construction

Energy

Telecommunications

Consulting

Logistics

Agriculture

Education

Relevant Teams

Legal

Corporate Affairs

Executive Management

Finance

Human Resources

Operations

Strategy

Compliance

Risk Management

Corporate Governance

Administrative

Company Secretariat

Relevant Roles

Chief Executive Officer

Managing Director

Executive Director

Chief Financial Officer

Chief Operating Officer

General Manager

Department Head

Business Unit Director

Regional Manager

Country Manager

Board Member

Management Consultant

Operations Director

Strategy Director

Commercial Director

Industries
Belgian Company Code (Code des sociétés/Wetboek van vennootschappen): Primary legislation governing company formation, structure, and operations in Belgium, including provisions for management agreements and corporate governance
Belgian Civil Code (Code civil/Burgerlijk Wetboek): Fundamental legislation governing contracts, obligations, and general principles of civil law that apply to all agreements in Belgium
Belgian Income Tax Code (Code des impôts sur les revenus/Wetboek van de inkomstenbelastingen): Tax legislation relevant for management companies and partnerships, including specific provisions for professional income and company taxation
Belgian Social Security Law (LOI sur la sécurité sociale/Wet betreffende de sociale zekerheid): Legislation governing social security obligations and distinctions between employed and self-employed status in management relationships
Anti-Money Laundering Law of 18 September 2017: Regulations regarding prevention of money laundering and terrorist financing that may affect management structures and reporting obligations
Belgian Competition Law (LOI sur la protection de la concurrence économique/Wet tot bescherming van de economische mededinging): Legislation governing fair competition and market practices, relevant for non-compete clauses and market conduct provisions in management agreements
Law of 4 April 2014 on Insurance: Regulations regarding professional liability insurance and other mandatory insurance requirements for management positions
Belgian Corporate Governance Code 2020: Soft law providing guidelines and best practices for corporate governance in Belgian companies, particularly relevant for management structures
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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