The Management Fee Agreement is essential for Belgian companies seeking to formalize management service arrangements while ensuring compliance with local regulations. This document is typically used when a company requires professional management services from external providers or within group structures, and needs to establish clear terms for service delivery and compensation. The agreement must carefully navigate Belgian corporate law, tax implications, and VAT requirements while maintaining a clear distinction from employment relationships. It's particularly relevant in corporate restructuring, group management arrangements, or when engaging professional managers through their personal service companies. The document should be tailored to address specific Belgian regulatory requirements, including corporate governance standards and tax optimization considerations.
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1. Parties: Identification of the service provider (manager) and the company receiving management services
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment and detailed scope of management services to be provided
5. Duration and Term: Period of the agreement, including start date and termination provisions
6. Management Fee and Payment Terms: Fee structure, payment schedule, and invoicing requirements
7. Obligations of the Manager: Detailed responsibilities and duties of the manager
8. Obligations of the Company: Company's responsibilities including provision of information and support
9. VAT and Taxation: Treatment of VAT and other applicable taxes
10. Independence and Status: Clarification of independent contractor status to avoid employment relationship
11. Confidentiality: Protection of confidential information
12. Intellectual Property: Ownership and rights to intellectual property created during service provision
13. Liability and Indemnification: Extent of manager's liability and indemnification provisions
14. Termination: Grounds for termination and consequences
15. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
16. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
1. Non-Competition: Restrictions on competing activities, used when manager has access to sensitive business information
2. Insurance: Requirements for professional liability insurance, included when specific coverage is needed
3. Performance Metrics: Specific KPIs and performance standards, used when fee is partially performance-based
4. Succession Planning: Provisions for transition of management responsibilities, important for long-term agreements
5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID
6. Compliance with Corporate Governance: Specific corporate governance requirements, needed for regulated entities
7. Multiple Managers: Coordination and responsibility allocation when multiple managers are involved
1. Schedule 1 - Services Description: Detailed breakdown of management services to be provided
2. Schedule 2 - Fee Structure: Detailed calculation of fees, including any variable components
3. Schedule 3 - Key Performance Indicators: Specific metrics for measuring management performance
4. Schedule 4 - Authorized Representatives: List of individuals authorized to act under the agreement
5. Schedule 5 - Expense Policy: Guidelines for reimbursable expenses
6. Appendix A - Required Reports: Templates and specifications for required management reports
7. Appendix B - Compliance Procedures: Specific procedures for ensuring regulatory compliance
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