This Risk Management Agreement is designed for use when a company seeks to establish a formal relationship with a risk management service provider or consultant in Belgium. The document is essential for organizations requiring professional risk management services, whether for regulatory compliance, corporate governance, or operational risk management purposes. It addresses the specific requirements of Belgian law, including the Belgian Civil Code and financial sector regulations, while incorporating relevant EU directives. The agreement typically covers comprehensive risk assessment methodologies, reporting structures, compliance frameworks, and specific risk mitigation strategies. It is particularly relevant in the context of Belgian corporate governance requirements and can be customized for various industries and risk profiles. The document should be used when establishing new risk management relationships or formalizing existing arrangements, ensuring all parties understand their roles, responsibilities, and obligations under Belgian law.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between parties
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Scope of Services: Detailed description of risk management services to be provided
5. Risk Management Framework: Overall structure and approach to risk management
6. Roles and Responsibilities: Specific duties of each party in the risk management process
7. Reporting Requirements: Frequency, format, and content of risk reports
8. Compliance Obligations: Regulatory and legal compliance requirements
9. Fees and Payment Terms: Financial arrangements for risk management services
10. Confidentiality: Protection of sensitive information and data
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. Term and Termination: Duration of agreement and termination provisions
13. Governing Law and Jurisdiction: Applicable law and dispute resolution mechanisms
1. Cross-border Considerations: Required when risk management services involve multiple jurisdictions
2. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., financial services, healthcare)
3. Business Continuity: Provisions for ensuring continuity of risk management services
4. Insurance Requirements: Specific insurance obligations for risk management activities
5. Data Protection: Detailed GDPR compliance measures when personal data is involved
6. Subcontracting: Terms for engaging third-party service providers
7. Force Majeure: Provisions for handling unforeseen circumstances
8. Intellectual Property: Required when risk management involves proprietary tools or methodologies
1. Risk Assessment Methodology: Detailed procedures for identifying and assessing risks
2. Service Level Agreement: Specific performance metrics and standards
3. Fee Schedule: Detailed breakdown of fees and payment structure
4. Reporting Templates: Standardized formats for risk reporting
5. Emergency Response Procedures: Protocols for handling risk incidents
6. Key Personnel: List of key staff and their qualifications
7. Risk Categories and Tolerances: Detailed classification of risks and acceptable thresholds
8. Compliance Checklist: List of regulatory requirements and compliance measures
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