Management And Administrative Services Agreement Template for Philippines

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Key Requirements PROMPT example:

Management And Administrative Services Agreement

"I need a Management and Administrative Services Agreement for my technology consulting firm to provide back-office management services to a group of three Philippine healthcare clinics, with services commencing March 1, 2025, focusing particularly on financial management and operational oversight."

Document background
The Management And Administrative Services Agreement is a crucial document for businesses operating in the Philippines that seek to outsource or formalize their management and administrative functions. This agreement is particularly relevant in the context of Philippine business law, where corporate relationships and service arrangements must comply with specific regulatory requirements including the Corporation Code, Labor Code, and tax regulations. The document is commonly used when companies need specialized management expertise, want to streamline operations, or require professional administration services. It typically includes detailed provisions for service scope, performance metrics, compensation, compliance requirements, and risk allocation, while addressing specific Philippine legal requirements such as local employment laws, data privacy regulations, and anti-corruption standards. The agreement is designed to protect both parties' interests while ensuring operational efficiency and regulatory compliance.
Suggested Sections

1. Parties: Identification of the service provider and client company, including their complete legal names, addresses, and registration details

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the management services arrangement

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

4. Scope of Services: Comprehensive description of management and administrative services to be provided

5. Term and Renewal: Duration of the agreement, commencement date, and renewal provisions

6. Service Provider's Obligations: Detailed responsibilities and duties of the service provider

7. Client's Obligations: Responsibilities and duties of the client, including provision of access, information, and resources

8. Fees and Payment Terms: Compensation structure, payment schedule, expenses, and invoicing procedures

9. Performance Standards: Service levels, quality metrics, and performance evaluation criteria

10. Confidentiality: Protection of confidential information and trade secrets

11. Intellectual Property: Ownership and usage rights of IP created during service provision

12. Compliance with Laws: Obligations to comply with Philippine laws, including labor and tax regulations

13. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification provisions

14. Termination: Grounds for termination, notice requirements, and consequences of termination

15. General Provisions: Standard clauses including notices, assignment, amendments, governing law, and dispute resolution

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when service provider may have access to sensitive business information

2. Insurance: Insurance requirements, included when services involve significant operational risks

3. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements

4. Anti-Corruption Compliance: Detailed anti-corruption provisions, necessary when dealing with government entities or regulated industries

5. Data Privacy Compliance: Specific data protection obligations, required when services involve handling personal or sensitive data

6. Transition Services: Procedures for handover of services, included when continuity of operations is critical

7. Subcontracting: Terms for engaging subcontractors, needed when service provider may delegate certain functions

Suggested Schedules

1. Schedule A - Detailed Scope of Services: Comprehensive list and description of all management and administrative services to be provided

2. Schedule B - Service Levels and KPIs: Detailed performance metrics, reporting requirements, and evaluation criteria

3. Schedule C - Fee Schedule: Detailed breakdown of fees, payment structure, and calculation methodologies

4. Schedule D - Designated Personnel: Key personnel assigned to provide the services and their qualifications

5. Schedule E - Required Reports: List and format of all required operational and performance reports

6. Schedule F - Client Facilities and Resources: Details of facilities, equipment, and resources to be provided by the client

7. Appendix 1 - Compliance Checklist: Checklist of regulatory requirements and compliance obligations

8. Appendix 2 - Emergency Procedures: Procedures for handling operational emergencies and business continuity protocols

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

Financial Services

Manufacturing

Real Estate

Technology

Healthcare

Retail

Hospitality

Professional Services

Education

Construction

Telecommunications

Energy

Agriculture

Transportation

Mining

Relevant Teams

Legal

Operations

Finance

Human Resources

Compliance

Risk Management

Administrative Services

Project Management

Business Development

Corporate Governance

Procurement

Internal Audit

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Financial Officer

Managing Director

Operations Director

Legal Counsel

Compliance Officer

Human Resources Director

Administrative Manager

Contract Manager

Business Development Manager

Project Manager

Finance Manager

Risk Manager

Company Secretary

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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