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Non Compete Partnership Agreement

Non Compete Partnership Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Non Compete Partnership Agreement

"I need a Non Compete Partnership Agreement for a technology consulting firm in Riyadh, with three equal partners and non-compete restrictions covering all major Saudi cities for 2 years after partnership termination, to be effective from March 2025."

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Document background
The Non-Compete Partnership Agreement is essential for businesses operating in Saudi Arabia who wish to formalize their partnership while protecting their competitive interests. This document is particularly crucial in the Saudi market, where business relationships often involve significant knowledge transfer and market access. The agreement combines standard partnership provisions with non-compete clauses that comply with Saudi Labor Law and Competition Law requirements. It's commonly used when establishing new business partnerships, joint ventures, or professional service firms where partners will have access to sensitive business information or valuable client relationships. The document must carefully balance the protection of legitimate business interests with Saudi Arabian legal restrictions on restraint of trade, while ensuring all provisions are enforceable under both civil law and Shariah principles.
Suggested Sections

1. Parties: Identification of all partners, including full legal names, addresses, and commercial registration details

2. Background: Context of the partnership formation and reason for the non-compete provisions

3. Definitions: Key terms used throughout the agreement, including specific business activities, territory, and competitive activities

4. Partnership Structure: Legal form of partnership, capital contributions, profit/loss sharing ratios, and management rights

5. Scope of Partnership: Detailed description of the partnership's business activities and objectives

6. Non-Compete Obligations: Specific restrictions on competitive activities, including duration, geographic scope, and prohibited activities

7. Duration and Territory: Time period for both partnership and non-compete obligations, and geographical boundaries

8. Partners' Duties and Responsibilities: General and specific obligations of partners, including loyalty and confidentiality duties

9. Management and Decision Making: Governance structure, voting rights, and decision-making processes

10. Financial Provisions: Capital accounts, profit distribution, losses, and accounting requirements

11. Breach and Remedies: Consequences of violating partnership or non-compete obligations, including damages and enforcement

12. Termination: Grounds and procedures for terminating the partnership and effects on non-compete obligations

13. Governing Law and Jurisdiction: Confirmation of Saudi law application and dispute resolution mechanisms

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

Optional Sections

1. Intellectual Property Rights: Ownership and usage of IP when partnership involves significant intellectual property

2. International Operations: Additional provisions for partnerships operating across multiple jurisdictions

3. Islamic Finance Compliance: Specific provisions ensuring compliance with Shariah financial principles

4. Exit Mechanisms: Detailed procedures for partner withdrawal or buy-out options

5. Employee Non-Solicitation: Additional restrictions on hiring partnership employees post-termination

6. Training and Support: Obligations regarding knowledge transfer and operational support between partners

7. Force Majeure: Provisions for unforeseen circumstances affecting partnership obligations

8. Insurance Requirements: Specific insurance obligations for high-risk business activities

Suggested Schedules

1. Schedule 1: Business Plan: Detailed business plan including market analysis and financial projections

2. Schedule 2: Capital Contributions: Itemized list of initial and agreed future capital contributions

3. Schedule 3: Restricted Activities: Comprehensive list of prohibited competitive activities

4. Schedule 4: Territory Map: Geographical definition of non-compete territory with maps and boundaries

5. Schedule 5: Existing Business Interests: Declaration of partners' existing business interests and exclusions

6. Appendix A: Partnership Policies: Internal policies and procedures for partnership operation

7. Appendix B: Financial Procedures: Detailed accounting and financial management procedures

8. Appendix C: Key Performance Indicators: Metrics for measuring partnership and individual partner performance

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
Affiliates
Business
Business Day
Business Plan
Capital Account
Commercial Registration
Competition
Competing Business
Confidential Information
Consideration
Designated Territory
Effective Date
Financial Year
Force Majeure
Governing Law
Initial Capital
Intellectual Property Rights
Management Committee
Material Breach
Non-Compete Period
Partnership
Partnership Assets
Partnership Interest
Partners
Profit and Loss
Prohibited Activities
Restricted Business
Restricted Clients
Restricted Period
Restricted Territory
Saudi Companies Law
Services
Shariah
Term
Trade Secrets
Transfer
Working Day
SAMA
Ministry of Commerce
Capital Market Authority
Zakat
Strategic Assets
Business Opportunity
Market Share
Commercial Activity
Competition Law
Good Faith
Partner's Share
Regulatory Approvals
Clauses
Recitals
Definitions
Partnership Formation
Capital Contributions
Profit and Loss Sharing
Management Rights
Non-Compete Obligations
Territorial Restrictions
Duration
Confidentiality
Partner Duties
Decision Making
Financial Management
Intellectual Property
Competition Restrictions
Client Restrictions
Exit Provisions
Transfer Restrictions
Force Majeure
Termination
Dispute Resolution
Governing Law
Amendments
Notices
Severability
Entire Agreement
Assignment
Compliance
Good Faith
Indemnification
Insurance
Third Party Rights
Partnership Interests
Regulatory Compliance
Islamic Finance Compliance
Business Operations
Accounting and Records
Partner Representations
Restrictive Covenants
Default Provisions
Relevant Industries

Professional Services

Technology and Software

Manufacturing

Real Estate and Construction

Trading and Distribution

Healthcare

Education and Training

Financial Services

Consulting

Retail

Oil and Gas

Hospitality

Telecommunications

Relevant Teams

Legal

Corporate Development

Business Development

Executive Leadership

Compliance

Strategy

Operations

Commercial

Corporate Affairs

Risk Management

Investment

Partnerships

Relevant Roles

Managing Partner

Chief Executive Officer

Business Development Director

Legal Counsel

Chief Operations Officer

Partnership Manager

Business Owner

Investment Director

Commercial Director

Strategy Manager

Corporate Development Officer

General Manager

Compliance Officer

Senior Partner

Industries
Saudi Companies Law (2015): Royal Decree No. M/3 - Governs the formation and operation of business partnerships, including rights and obligations of partners, and partnership dissolution procedures
Saudi Labor Law: Royal Decree No. M/51 - Articles related to non-compete clauses and restrictions on competitive activities, particularly Article 83 which sets conditions for non-compete agreements
Shariah Law Principles: Islamic law principles that form the foundation of Saudi legal system, particularly regarding contract formation, fairness, and prohibited activities (gharar)
Saudi Competition Law: Royal Decree No. M/75 - Ensures non-compete provisions don't create unfair market conditions or violate anti-monopoly regulations
Commercial Courts Law: Royal Decree No. M/93 - Governs commercial dispute resolution and enforcement of commercial contracts, including partnership disputes
Commercial Agencies Law: Royal Decree No. M/11 - Relevant if the partnership involves commercial agency relationships or distribution rights
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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