The Co-Owner Business Contract is essential when two or more parties decide to jointly own and operate a business in Indonesia. This document is particularly crucial in the Indonesian business context, where clear ownership structures and management arrangements must comply with local regulations, including the Indonesian Civil Code and Company Law. It typically includes detailed provisions for capital contributions, profit sharing, management rights, transfer restrictions, and dispute resolution mechanisms. The agreement serves as a foundational document that prevents future misunderstandings and provides a clear framework for business operations, while ensuring compliance with Indonesian legal requirements for business ownership and management.
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1. Parties: Identification and details of all co-owners entering into the agreement
2. Background: Context of the business relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement and their specific meanings
4. Business Structure: Legal form of the business and ownership percentages
5. Capital Contributions: Initial and ongoing financial contributions of each co-owner
6. Management and Control: Decision-making processes and management responsibilities
7. Profit and Loss Distribution: How profits and losses will be shared among co-owners
8. Transfer of Ownership: Rules and procedures for transferring ownership interests
9. Death or Incapacity: Procedures in case of death or incapacity of a co-owner
10. Dispute Resolution: Process for resolving disagreements between co-owners
11. Termination: Conditions and procedures for terminating the agreement
12. Governing Law: Specification of Indonesian law as governing law and jurisdiction
1. Non-Compete and Confidentiality: Restrictions on competing businesses and handling of confidential information, used when protecting intellectual property or market position is crucial
2. Intellectual Property Rights: Ownership and usage of intellectual property, included when the business involves significant IP assets
3. Employment of Co-Owners: Terms of employment if co-owners work in the business, used when owners take active operational roles
4. Insurance Requirements: Mandatory insurance coverage, included when business activities require specific insurance protection
5. External Financing: Procedures for obtaining and managing external funding, included when business plan involves external financing
6. Tag-Along and Drag-Along Rights: Rights in case of sale to third parties, included for businesses with potential future sale prospects
1. Schedule A - Capital Contributions: Detailed breakdown of initial and committed capital contributions from each owner
2. Schedule B - Business Plan: Initial business plan and strategic objectives
3. Schedule C - Asset Register: List of business assets and their ownership status
4. Schedule D - Management Structure: Detailed organizational structure and management responsibilities
5. Appendix 1 - Voting Procedures: Detailed procedures for management decisions and voting
6. Appendix 2 - Valuation Method: Agreed method for valuing business shares
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Co Owner Business Contract
An Indonesian law-governed agreement establishing the terms and conditions of business co-ownership between multiple parties.
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