Pre Partnership Agreement Template for Germany

A Pre Partnership Agreement under German law is a formal legal document that establishes the framework for negotiations and discussions leading to a potential business partnership. This document, governed by German commercial and civil law, particularly the Handelsgesetzbuch (HGB) and Bürgerliches Gesetzbuch (BGB), outlines the rights, obligations, and responsibilities of all parties during the pre-partnership phase. It includes crucial provisions for confidentiality, exclusivity, cost-sharing, and the protection of intellectual property, while setting clear parameters for due diligence and negotiation processes.

Typically:
i
This cost is based on prices provided by
6 legal services in your market.
With GenieAI:

£0

i
Generate and export your first
document completely free.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Get template free
Upload to review

Your data doesn't train Genie's AI

You keep IP ownership of your docs

4.6 / 5
4.6 / 5
4.8 / 5
Alternatively...

What is a Pre Partnership Agreement?

The Pre Partnership Agreement is a crucial document used in German business practice when two or more parties are considering forming a business partnership but need to establish formal ground rules for their negotiations and due diligence process. This document is particularly important in the German legal context, where business relationships are heavily regulated and formal documentation is essential. It serves as a protective mechanism for all parties involved, establishing clear guidelines for information sharing, confidentiality, and resource allocation during the exploratory phase. The agreement typically includes provisions governed by both the German Civil Code (BGB) and Commercial Code (HGB), ensuring compliance with local legal requirements while facilitating thorough evaluation of the potential partnership opportunity.

What sections should be included in a Pre Partnership Agreement?

1. Parties: Identification and details of all potential partners entering into the pre-partnership agreement

2. Background: Context of the proposed partnership and purpose of entering into this pre-partnership agreement

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

4. Purpose and Scope: Detailed outline of the intended partnership's objectives and the scope of pre-partnership activities

5. Duration: Timeline for the pre-partnership period and conditions for extension

6. Confidentiality Obligations: Provisions regarding the handling and protection of confidential information exchanged during discussions

7. Exclusivity: Terms preventing parties from engaging in similar partnership discussions with others during the negotiation period

8. Cost Sharing: Allocation of costs incurred during the pre-partnership phase

9. Good Faith Obligations: Commitment to negotiate in good faith and with serious intent

10. Intellectual Property Rights: Protection and ownership of IP during the pre-partnership phase

11. Termination: Circumstances and procedures for terminating the pre-partnership agreement

12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

What sections are optional to include in a Pre Partnership Agreement?

1. Due Diligence Process: Framework for conducting due diligence investigations, used when detailed examination of business assets/operations is required

2. Resource Commitment: Specific commitments of resources during the pre-partnership phase, included when parties are contributing significant resources

3. Third Party Involvement: Provisions regarding the involvement of external advisors or consultants, used when third parties will be essential to the process

4. Break Fee: Provisions for compensation if one party withdraws, included in high-value or complex partnership negotiations

5. Milestone Requirements: Specific milestones to be achieved before proceeding to final partnership, used when a phased approach is desired

6. Public Announcements: Rules regarding public communications about the potential partnership, important for situations involving public companies or sensitive market information

What schedules should be included in a Pre Partnership Agreement?

1. Schedule 1 - Timeline: Detailed timeline of the pre-partnership phase including key milestones and deadlines

2. Schedule 2 - Confidential Information: Specific list of information designated as confidential

3. Schedule 3 - Due Diligence Requirements: Detailed list of documents and information required for due diligence

4. Schedule 4 - Cost Allocation: Detailed breakdown of cost sharing arrangements and budgets

5. Schedule 5 - Authorized Representatives: List of authorized representatives from each party for various aspects of the pre-partnership process

6. Appendix A - Form of Final Partnership Agreement: Draft outline or heads of terms for the intended final partnership agreement

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

Jurisdiction

Germany

Publisher

Genie AI

Cost

Free to use

Find the document you need

Limited Liability Limited Partnership Agreement

German Limited Liability Limited Partnership Agreement (KGaA) establishing a hybrid business structure combining partnership and corporate elements under German law.

Download

Distributorship Contract

A German law-governed agreement establishing the terms and conditions for the distribution of products between a supplier and distributor.

Download

Authorized Reseller Agreement

German law-governed agreement establishing terms for authorized product resale, including territorial rights, obligations, and compliance requirements.

Download

Software Partnership Agreement

A German law-governed agreement establishing partnership terms for software development, distribution, or implementation between technology companies.

Download

Service Partner Agreement

German law-governed agreement establishing a business relationship between a company and service partner, defining service delivery terms and mutual obligations.

Download

Revenue Share Partnership Agreement

A German law-governed agreement establishing terms for revenue sharing partnerships, including calculation methods, distribution mechanisms, and party obligations.

Download

Pre Partnership Agreement

A German law-governed agreement establishing terms and conditions for negotiating a potential business partnership, including confidentiality and exclusivity provisions.

Download

Long Term Partnering Agreement

German law-governed agreement establishing long-term strategic business partnerships, compliant with BGB and HGB requirements.

Download

Limited Partnership Agreement

A German Limited Partnership Agreement (KG) establishing the relationship between general and limited partners under German law, defining management, liability, and profit-sharing arrangements.

Download

Letter Of Intent Joint Venture

A German law-governed preliminary agreement outlining key terms and conditions for a proposed joint venture, including binding and non-binding provisions.

Download

Joint Partnership Agreement

A German law-governed agreement establishing a partnership between multiple parties, defining their rights, obligations, and operational framework.

Download

Influencer Partnership Agreement

A German law-governed agreement between a brand and an influencer establishing terms for social media content creation and marketing collaboration.

Download

Channel Partner Agreement For Software Sales

German law-governed agreement between software providers and channel partners for software distribution and resale, compliant with German commercial and EU regulations.

Download

Business Agreement Between Two Companies

German law-compliant business agreement template for establishing commercial relationships between two companies, incorporating BGB and HGB requirements.

Download

50 50 Partnership Agreement

A German law-governed agreement establishing an equal 50-50 partnership between two parties, defining their rights, responsibilities, and business relationship.

Download

Limited Partnership Agreement Venture Capital

A German law-governed agreement establishing a limited partnership structure (KG) for venture capital investments, defining relationships between general and limited partners, and operational parameters.

Download

Partnership Separation Agreement

A German law-governed agreement that formalizes partnership dissolution and establishes terms for separating business partners' interests and obligations.

Download
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your data is private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it