Commission Split Agreement for Malta

Commission Split Agreement Template for Malta

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Commission Split Agreement

"I need a Commission Split Agreement under Maltese law for my real estate agency to establish a 60-40 commission split with independent property consultants, including performance targets and quarterly reviews starting from March 2025."

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What is a Commission Split Agreement?

This Commission Split Agreement is designed for use in situations where two or more parties agree to share commission earnings from business activities in Malta or under Maltese jurisdiction. It is particularly valuable for businesses, agents, and intermediaries who collaborate on sales, referrals, or business development activities and need to formalize their commission-sharing arrangement. The document incorporates essential elements required under Maltese law, including clear definition of parties' roles, detailed commission calculations, payment procedures, and compliance with local tax and commercial regulations. This agreement is commonly used in various sectors including real estate, financial services, and professional services, where commission-based compensation is standard practice.

What sections should be included in a Commission Split Agreement?

1. Parties: Identification and details of all parties involved in the commission split agreement

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

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

4. Commission Structure: Detailed explanation of how commissions will be calculated and split between parties

5. Payment Terms: Timing, method, and conditions for commission payments

6. Reporting and Accountability: Requirements for sales reporting, documentation, and verification of commission calculations

7. Duration and Termination: Term of the agreement and conditions for termination

8. Obligations of the Parties: Specific duties and responsibilities of each party

9. Confidentiality: Protection of confidential information and trade secrets

10. Non-Circumvention: Prevention of direct dealings that bypass the commission structure

11. Dispute Resolution: Procedures for resolving disagreements between parties

12. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction

What sections are optional to include in a Commission Split Agreement?

1. Non-Compete Clause: Restrictions on competing activities, included when parties operate in the same market

2. Territory Restrictions: Geographic limitations on the agreement, used when territory exclusivity is granted

3. Performance Targets: Minimum performance requirements, included when specific sales targets are essential

4. Training and Support: Obligations regarding training and operational support, used in complex sales arrangements

5. Insurance Requirements: Specific insurance obligations, included when dealing with high-value transactions

6. Marketing and Promotion: Terms regarding joint marketing efforts, used when parties share marketing responsibilities

7. Data Protection: GDPR and local data protection compliance, included when personal data processing is involved

8. Force Majeure: Provisions for unforeseen circumstances, included for longer-term agreements

What schedules should be included in a Commission Split Agreement?

1. Commission Rates Schedule: Detailed breakdown of commission percentages for different products/services

2. Commission Calculation Examples: Practical examples showing how commissions are calculated in various scenarios

3. Reporting Templates: Standard forms and formats for sales and commission reporting

4. Product/Service List: Comprehensive list of products/services covered by the agreement

5. Operating Procedures: Detailed procedures for sales processing, reporting, and commission calculations

6. Contact Details: List of key contacts and their roles for both parties

7. Territory Maps: Geographic maps and descriptions if territory restrictions apply

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
Clauses
Relevant Industries

Real Estate

Financial Services

Insurance

Tourism and Hospitality

Import/Export

Retail

Professional Services

Information Technology

Manufacturing

Consulting

Maritime Services

Gaming and iGaming

Telecommunications

Relevant Teams

Sales

Business Development

Legal

Finance

Compliance

Operations

Partner Relations

Commercial

Revenue Management

Contract Administration

Relevant Roles

Sales Director

Business Development Manager

Sales Agent

Commercial Director

Partnership Manager

Channel Manager

Revenue Manager

Account Executive

Sales Operations Manager

Broker

Agency Manager

Commission Administrator

Compliance Officer

Legal Counsel

Finance Manager

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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