Non Compete Sales Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Non Compete Sales Agreement

I need a Non-Compete Sales Agreement for the sale of my Hong Kong-based electronics distribution business, protecting my customer relationships and trade secrets for 24 months after the sale closes in March 2025, with specific focus on restricting activity in the Greater Bay Area.

Document background
The Non-Compete Sales Agreement is a crucial document used in Hong Kong business transactions where one party needs to protect its commercial interests by restricting another party's ability to compete in specific markets or territories. This agreement is commonly implemented in situations such as business sales, distribution arrangements, or employment of senior sales personnel. The document must carefully balance business protection with Hong Kong's competition law requirements and common law principles on restraint of trade. It typically includes detailed provisions on restricted activities, geographical limitations, time periods, and enforcement mechanisms, all structured to ensure compliance with Hong Kong's legal framework. The agreement is particularly important in scenarios involving access to customer relationships, pricing information, or sales strategies.
Suggested Sections

1. Parties: Identification and details of the parties entering into the agreement

2. Background: Context of the agreement, including the business relationship between the parties

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

4. Scope of Non-Compete: Clear definition of prohibited activities, geographical boundaries, and duration of restrictions

5. Consideration: Details of the consideration provided in exchange for the non-compete obligations

6. Confidentiality Obligations: Provisions regarding the protection of confidential information and trade secrets

7. Non-Solicitation: Restrictions on soliciting customers, employees, or suppliers

8. Acknowledgments: Party acknowledgments regarding reasonableness of restrictions

9. Remedies: Available remedies in case of breach, including injunctive relief

10. Term and Termination: Duration of the agreement and termination provisions

11. General Provisions: Standard boilerplate clauses including governing law, notices, and amendments

Optional Sections

1. Compliance with Competition Law: Specific provisions ensuring compliance with Hong Kong competition law, used when the agreement might raise competition concerns

2. Garden Leave: Provisions for paid leave during notice period, used when agreement is tied to employment

3. Training and Support: Details of any training or support provided, used when part of business sale or franchise arrangement

4. Assignment Rights: Rights to assign the agreement, used when future business sales or restructuring might be contemplated

5. Dispute Resolution: Detailed dispute resolution procedures, used when parties want specific arbitration or mediation provisions

6. Surviving Obligations: Specific obligations that survive termination, used when certain restrictions should continue beyond the main agreement

Suggested Schedules

1. Restricted Territory: Detailed description and/or maps of the geographical areas where restrictions apply

2. Restricted Activities: Detailed list of specific activities, products, or services covered by the non-compete

3. Restricted Customers: List of specific customers or customer categories covered by restrictions

4. Consideration Schedule: Detailed breakdown of any monetary or other consideration, including payment terms

5. Confidential Information: Detailed list of types of confidential information covered by the agreement

6. Related Companies: List of affiliated companies or subsidiaries covered by the 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 | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Retail

Technology

Manufacturing

Professional Services

Financial Services

Healthcare

Consumer Goods

Telecommunications

Industrial Products

Software and IT

Pharmaceuticals

Real Estate

Automotive

Electronics

Relevant Teams

Legal

Sales

Business Development

Commercial

Compliance

Executive Leadership

Contract Management

Risk Management

Corporate Development

Relevant Roles

Sales Director

Business Development Manager

Chief Commercial Officer

Regional Sales Manager

Sales Representative

Account Executive

Distribution Manager

Commercial Director

Business Owner

Managing Director

Chief Executive Officer

Legal Counsel

Compliance Officer

Contract Manager

Industries
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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