The Consortium Agreement Between Companies is a crucial legal document used when multiple organizations wish to collaborate on substantial projects or ventures while maintaining their separate legal identities. This agreement type is particularly relevant in Belgium, where it must comply with the Belgian Code of Companies and Associations (BCCA) and relevant EU regulations. The document is essential for projects requiring pooled resources, shared risks, or combined expertise, typically used in large-scale initiatives, research projects, or complex commercial ventures. It comprehensively addresses governance structure, resource allocation, intellectual property rights, confidentiality, liability sharing, and dispute resolution mechanisms, while ensuring compliance with Belgian competition law and other relevant regulations. The agreement's structure allows for both flexibility in collaboration and clear delineation of responsibilities, making it suitable for both short-term projects and long-term strategic partnerships.
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1. Parties: Identification and details of all consortium members
2. Background: Context of the consortium formation and objectives
3. Definitions and Interpretation: Definition of key terms and interpretation rules
4. Scope and Purpose: Detailed objectives and scope of the consortium
5. Duration and Term: Timeline, commencement date, and termination conditions
6. Contributions and Resources: Members' contributions (financial, assets, personnel, etc.)
7. Governance Structure: Management structure, decision-making processes, and voting rights
8. Rights and Obligations: Core responsibilities and rights of consortium members
9. Financial Provisions: Budget, cost sharing, and financial management
10. Intellectual Property Rights: IP ownership, usage rights, and protection
11. Confidentiality: Protection and handling of confidential information
12. Liability and Indemnification: Risk allocation and liability limitations
13. Competition Law Compliance: Ensures compliance with Belgian and EU competition laws
14. Termination: Termination grounds and processes
15. Dispute Resolution: Procedure for resolving disputes
16. General Provisions: Miscellaneous legal provisions including governing law
1. Data Protection: Required when personal data is processed or shared between members
2. Employment and Secondment: Include when staff will be shared or seconded between members
3. Insurance: Detailed insurance requirements when specific coverage is needed
4. Marketing and Publicity: Rules for public communications when joint branding is planned
5. Environmental Compliance: Required for consortiums involving environmental impacts
6. Export Control: Include when dealing with international trade or controlled goods
7. Anti-Corruption Compliance: Required for international consortiums or public sector work
8. Change Control: Detailed procedures for managing changes when complex project management is needed
1. Business Plan: Detailed consortium business plan and objectives
2. Budget and Financial Plan: Detailed financial projections and cost allocation
3. Governance Procedures: Detailed procedures for meetings, voting, and decision-making
4. Technical Specifications: Technical details of the consortium's projects or products
5. Background IP Schedule: List of pre-existing IP brought by each member
6. Member Contributions: Detailed list of each member's contributions
7. Key Personnel: List of key personnel and their roles
8. Insurance Requirements: Detailed insurance specifications
9. Form of Accession Agreement: Template for new members joining the consortium
10. Compliance Procedures: Detailed compliance protocols and requirements
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