Small Business Management Agreement for Philippines

Small Business Management Agreement Template for Philippines

A Small Business Management Agreement governed by Philippine law is a legally binding contract that establishes the terms and conditions under which a management service provider will operate and manage a small business on behalf of the business owner. This agreement, compliant with Filipino business regulations and the Civil Code of the Philippines, details the scope of management services, decision-making authority, compensation structure, reporting requirements, and operational parameters. It includes specific provisions for protecting both parties' interests while ensuring compliance with local business practices and regulatory requirements.

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What is a Small Business Management Agreement?

The Small Business Management Agreement is a crucial document for Filipino small business owners seeking to delegate operational management to professional service providers. This agreement is particularly relevant in the Philippine business context where small and medium enterprises (SMEs) form a significant portion of the economy. It is designed to comply with Philippine corporate and business laws, including the Corporation Code and the Micro, Small and Medium Enterprise Development Act. The document outlines comprehensive terms for management services, including operational control, decision-making authority, financial management, and reporting obligations. It serves as a vital tool for business owners looking to professionalize their operations while maintaining appropriate oversight and control mechanisms. The agreement is especially useful for businesses experiencing growth, seeking professional management expertise, or implementing succession planning.

What sections should be included in a Small Business Management Agreement?

1. Parties: Identifies and provides full details of the business owner(s) and the management company/individual, including registration numbers and addresses

2. Background: Explains the context of the agreement, including brief description of the business and the reason for engaging management services

3. Definitions: Defines key terms used throughout the agreement, including technical, financial, and operational terms

4. Scope of Management Services: Detailed outline of the management services to be provided, including operational, financial, and administrative responsibilities

5. Term and Renewal: Specifies the duration of the agreement and conditions for renewal or extension

6. Management Authority and Limitations: Clearly defines the extent and limitations of management's decision-making authority

7. Compensation and Payment Terms: Details the management fees, payment schedule, and any performance-based compensation

8. Reporting and Accountability: Outlines reporting requirements, frequency of updates, and performance metrics

9. Confidentiality and Data Protection: Specifies obligations regarding business information and compliance with data protection laws

10. Termination: Details the circumstances and procedures for ending the agreement

11. Governing Law and Dispute Resolution: Specifies Philippine law as governing law and outlines dispute resolution procedures

12. General Provisions: Standard clauses including notices, amendments, and severability

What sections are optional to include in a Small Business Management Agreement?

1. Employee Management: Include when management services involve human resources responsibilities

2. Intellectual Property Rights: Include when management involves creation or handling of intellectual property

3. Insurance Requirements: Include when specific insurance coverage is required for management activities

4. Non-Competition: Include when restricting management from working with competing businesses

5. Force Majeure: Include when parties want specific provisions for unforeseeable circumstances

6. Assignment and Succession: Include when transfer of management rights needs to be addressed

7. Compliance with Industry Regulations: Include for businesses in regulated industries

What schedules should be included in a Small Business Management Agreement?

1. Schedule A - Services Description: Detailed breakdown of management services and responsibilities

2. Schedule B - Fee Structure: Detailed breakdown of management fees, including any variable components

3. Schedule C - Performance Metrics: Specific KPIs and performance evaluation criteria

4. Schedule D - Reporting Templates: Standard formats for required management reports

5. Schedule E - Operational Guidelines: Specific procedures and policies for business operations

6. Appendix 1 - Required Qualifications: List of required qualifications for key management personnel

7. Appendix 2 - Emergency Procedures: Procedures for handling emergency situations

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

Jurisdiction

Philippines

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Retail

Food and Beverage

Hospitality

Professional Services

Manufacturing

Technology

Healthcare

Education

Real Estate

Construction

Import/Export

Agriculture

Relevant Teams

Legal

Operations

Finance

Human Resources

Compliance

Business Development

Administration

Management

Corporate Governance

Risk Management

Relevant Roles

Business Owner

Managing Director

Operations Manager

General Manager

Chief Executive Officer

Business Development Manager

Finance Manager

HR Manager

Legal Counsel

Compliance Officer

Small Business Consultant

Business Administrator

Project Manager

Department Head

Industries
Civil Code of the Philippines (Republic Act No. 386): Provides the fundamental rules governing contracts, obligations, and business relationships in the Philippines. This includes provisions on contract formation, validity, and enforcement.
Corporation Code of the Philippines (Batas Pambansa Blg. 68): Governs the establishment and management of corporations in the Philippines, including provisions on corporate officers, management structure, and responsibilities.
Revised Securities Act (Republic Act No. 8799): Regulates the securities market and includes provisions relevant to management contracts and business arrangements that might involve securities.
Labor Code of the Philippines (Presidential Decree No. 442): Contains provisions regarding employment relationships, worker rights, and management responsibilities in relation to employees.
National Internal Revenue Code (Republic Act No. 8424): Covers tax obligations and responsibilities that management must consider in business operations.
Micro, Small and Medium Enterprise Development Act (Republic Act No. 6977): Provides the framework for small business operations and development in the Philippines, including definitions and special provisions for SMEs.
Consumer Act of the Philippines (Republic Act No. 7394): Outlines consumer protection requirements that management must consider in business operations and customer relations.
Data Privacy Act of 2012 (Republic Act No. 10173): Governs the handling of personal and sensitive information in business operations, including customer and employee data.
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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