The 80 20 Partnership Agreement is a specialized legal instrument used when establishing business partnerships in Malta where partners agree to an unequal distribution of profits and responsibilities. This document is particularly relevant when one partner contributes significantly more in terms of capital, expertise, or resources, warranting a larger share of the business returns. The agreement must comply with Maltese partnership laws and regulations, including requirements under the Companies Act and Civil Code. It typically includes detailed provisions for profit distribution, management control, capital contributions, and operational procedures. This type of agreement is commonly used in professional services, startup ventures, and various business arrangements where partners have different levels of involvement or investment. The document provides essential protection for both the majority and minority partners while establishing clear governance structures and exit mechanisms.
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1. Parties: Identification and details of all partners entering into the agreement
2. Background: Context of the partnership formation and brief description of the business purpose
3. Definitions: Key terms used throughout the agreement
4. Partnership Structure: Legal form of partnership and basic framework
5. Duration and Term: Commencement date and term of the partnership
6. Capital Contributions: Initial and ongoing capital contributions from each partner
7. Profit and Loss Distribution: Details of the 80/20 profit sharing arrangement and loss allocation
8. Management and Control: Decision-making processes and management structure
9. Partners' Rights and Obligations: Detailed responsibilities and rights of each partner
10. Business Operations: Day-to-day operation procedures and business management
11. Banking and Financial Matters: Banking arrangements, accounting procedures, and financial management
12. Transfer of Partnership Interests: Rules regarding transfer of partnership shares
13. Termination: Circumstances and procedures for partnership termination
14. Dispute Resolution: Procedures for resolving conflicts between partners
15. Governing Law: Confirmation of Maltese law as governing law and jurisdiction
1. Non-Competition: Restrictions on partners engaging in competing businesses
2. Intellectual Property: Ownership and use of partnership IP, needed if IP is significant to the business
3. Insurance: Required insurance coverage, recommended for high-risk businesses
4. Confidentiality: Protection of partnership confidential information
5. Force Majeure: Provisions for unforeseen circumstances affecting partnership operations
6. Amendment Procedures: Process for modifying agreement terms
7. Tax Matters: Detailed tax arrangements and responsibilities
8. Death or Incapacity: Procedures in case of partner death or incapacity
1. Schedule 1 - Initial Capital Contributions: Detailed list of initial capital contributions from each partner
2. Schedule 2 - Profit Distribution Formula: Detailed calculation method for the 80/20 profit split
3. Schedule 3 - Management Structure: Organizational chart and management responsibilities
4. Schedule 4 - Business Plan: Initial business plan and objectives
5. Schedule 5 - Partner Contact Details: Complete contact information for all partners
6. Appendix A - Banking Mandates: Banking arrangements and authorized signatories
7. Appendix B - Accounting Policies: Agreed accounting principles and procedures
8. Appendix C - Operational Procedures: Detailed operational guidelines and processes
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