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Memorandum Of Agreement For Partnership

Memorandum Of Agreement For Partnership Template for Indonesia

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Key Requirements PROMPT example:

Memorandum Of Agreement For Partnership

"I need a Memorandum of Agreement for Partnership between my Indonesian technology startup and a Singapore-based software development company, focusing on joint development of AI solutions, with specific provisions for intellectual property sharing and revenue distribution starting March 2025."

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Document background
The Memorandum of Agreement for Partnership is a crucial document used in Indonesian business contexts to formalize partnerships between various entities. It serves as a foundational agreement that complies with Indonesian legal requirements, including the Indonesian Civil Code and Law No. 40 of 2007 on Limited Liability Companies. This document is particularly relevant when establishing new business partnerships, joint ventures, or collaborative business arrangements in Indonesia. It encompasses essential elements such as capital contributions, profit-sharing mechanisms, management structures, and operational procedures, while ensuring compliance with local regulatory requirements. The agreement is designed to provide clear guidelines for the partnership while protecting the interests of all parties involved, making it an essential tool for both domestic and international business relationships in Indonesia.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties entering into the partnership agreement

2. Background: Sets out the context and intentions of the parties in entering into the partnership

3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation

4. Partnership Scope and Objectives: Clearly defines the purpose, scope, and objectives of the partnership

5. Rights and Obligations: Details the specific rights and responsibilities of each partner

6. Capital Contributions: Specifies the initial and ongoing capital contributions required from each partner

7. Profit and Loss Sharing: Outlines how profits and losses will be distributed among partners

8. Management and Control: Describes the management structure and decision-making processes

9. Term and Termination: Specifies the duration of the partnership and conditions for termination

10. Confidentiality: Sets out obligations regarding confidential information

11. Intellectual Property: Addresses ownership and usage rights of intellectual property

12. Dispute Resolution: Details the process for resolving disputes between partners

13. Governing Law: Specifies that Indonesian law governs the agreement

14. General Provisions: Includes standard legal provisions such as notices, amendments, and severability

Optional Sections

1. Non-Competition: Include when partners need to be restricted from competing with the partnership

2. Insurance: Include when specific insurance requirements need to be maintained

3. Force Majeure: Include when need to address circumstances beyond parties' control

4. Assignment: Include when transfer of rights needs to be specifically addressed

5. Environmental Compliance: Include for partnerships involving environmental impacts

6. Labor and Employment: Include when partnership involves shared employees or staff

7. Marketing and Branding: Include when partnership involves joint marketing or brand usage

8. Compliance with Anti-Corruption Laws: Include for international partnerships or when dealing with government entities

Suggested Schedules

1. Schedule A - Capital Contributions: Detailed breakdown of each partner's capital contributions

2. Schedule B - Profit Sharing Formula: Detailed calculation method for profit distribution

3. Schedule C - Management Structure: Organizational chart and detailed management procedures

4. Schedule D - Business Plan: Initial business plan and strategic objectives

5. Schedule E - Asset Register: List of partnership assets and their ownership status

6. Appendix 1 - Partner Information: Detailed information about each partner, including registration documents

7. Appendix 2 - Operational Procedures: Detailed operational procedures and protocols

8. Appendix 3 - Compliance Requirements: List of specific regulatory requirements and compliance procedures

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Affiliate
Applicable Law
Assets
Board of Directors
Business Day
Business Plan
Capital Account
Capital Contribution
Confidential Information
Control
Commencement Date
Default Event
Dispute
Effective Date
Encumbrance
Financial Year
Force Majeure Event
Governing Law
Initial Capital
Intellectual Property Rights
Management Committee
Material Adverse Change
Net Profit
Operating Expenses
Partnership
Partnership Interest
Partners
Partnership Property
Profit Share
Quarter
Related Party
Representatives
Rupiah
Services
Subsidiary
Tax
Term
Territory
Third Party
Transfer
Working Capital
Clauses
Recitals
Definitions
Partnership Formation
Term and Duration
Capital Contributions
Profit and Loss Sharing
Management Rights
Voting Rights
Decision Making
Partner Obligations
Business Operations
Financial Management
Banking Arrangements
Accounting and Records
Audit Rights
Tax Matters
Intellectual Property
Confidentiality
Non-Competition
Non-Solicitation
Asset Ownership
Partner Admission
Partner Withdrawal
Transfer Restrictions
Death or Incapacity
Termination
Force Majeure
Dispute Resolution
Governing Law
Notices
Amendment
Assignment
Severability
Entire Agreement
Counterparts
Compliance
Insurance
Indemnification
Representations and Warranties
Further Assurance
Relevant Industries

Manufacturing

Technology

Agriculture

Mining

Real Estate

Financial Services

Healthcare

Education

Retail

Construction

Energy

Transportation

Tourism

Professional Services

E-commerce

Telecommunications

Relevant Teams

Legal

Corporate Affairs

Business Development

Finance

Operations

Strategy

Compliance

Commercial

Corporate Secretariat

Investment

Risk Management

International Business

Relevant Roles

Chief Executive Officer

Managing Director

Business Development Manager

Legal Counsel

Chief Financial Officer

Partnership Manager

Operations Director

Company Secretary

Commercial Director

Strategy Manager

Investment Manager

Compliance Officer

Contract Manager

Corporate Affairs Director

Business Owner

Industries
Indonesian Civil Code (Kitab Undang-undang Hukum Perdata): Provides the fundamental legal framework for contracts and agreements in Indonesia, including requirements for valid contracts, rights and obligations of parties, and contract termination
Law No. 40 of 2007 on Limited Liability Companies: Governs the establishment and operation of business entities in Indonesia, including provisions for partnerships and joint ventures
Presidential Regulation No. 44 of 2016 on Negative Investment List: Specifies business sectors that are closed or conditionally open to foreign investment partnerships
Law No. 25 of 2007 on Investment: Regulates both domestic and foreign investment in Indonesia, including partnership arrangements and business collaborations
Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution: Provides framework for resolving business disputes through arbitration and other alternative dispute resolution methods
Law No. 24 of 2000 on International Agreements: Relevant for international partnerships and cross-border agreements involving Indonesian entities
Government Regulation No. 24 of 2018 on Online Single Submission: Regulates business licensing and registration procedures, including partnership registrations
Law No. 5 of 1999 on Anti-Monopoly and Unfair Business Competition: Ensures partnerships do not create monopolistic practices or unfair business competition
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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