The Managing Partner Agreement is a crucial document used in Dutch partnerships to formalize the appointment and operating terms of a managing partner. This agreement is essential when establishing or modifying senior leadership roles in partnerships operating under Dutch law. It encompasses comprehensive provisions regarding management authority, profit participation, decision-making powers, and fiduciary duties, while ensuring compliance with Dutch corporate governance requirements and partnership regulations. The document is particularly important for professional partnerships, family businesses, and other collaborative business structures where clear leadership and management frameworks are essential. The agreement must align with various Dutch legal requirements, including the Dutch Civil Code (Burgerlijk Wetboek), particularly Books 2 and 7A, and relevant corporate governance regulations.
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1. Parties: Identification of the partnership entity and the managing partner
2. Background: Context of the appointment and brief description of the partnership business
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Terms of appointment, duration, and renewal provisions
5. Duties and Responsibilities: Detailed description of the managing partner's role and obligations
6. Authority and Limitations: Scope of managing partner's decision-making power and restrictions
7. Time Commitment: Expected working hours and dedication to the partnership
8. Remuneration and Profit Share: Financial terms including base compensation, profit sharing, and benefits
9. Capital Contribution: Details of required capital investment and terms
10. Partnership Meetings: Procedures for partnership meetings and decision-making processes
11. Reporting Obligations: Required financial and operational reporting to other partners
12. Confidentiality: Protection of partnership's confidential information
13. Non-Competition: Restrictions on competing activities during and after partnership
14. Intellectual Property: Ownership and rights regarding partnership IP
15. Termination: Grounds and procedures for ending the agreement
16. Exit Provisions: Process and terms for partner departure
17. Governing Law and Jurisdiction: Application of Dutch law and dispute resolution
18. General Provisions: Standard legal clauses including notices, amendments, and severability
1. Dual Status Provisions: Used when the managing partner also has employee status
2. International Activities: Include when partnership operates across multiple jurisdictions
3. Specific Industry Regulations: Required for regulated industries like financial services or healthcare
4. Family Business Provisions: Special terms for family-owned partnerships
5. Professional Indemnity: Additional liability provisions for professional service partnerships
6. Retirement Planning: Specific provisions for succession and retirement
7. Alternative Dispute Resolution: Detailed mediation or arbitration procedures
8. Partnership Insurance: Specific insurance requirements and provisions
9. External Directorships: Terms for managing partner's involvement in other businesses
1. Schedule 1 - Remuneration Details: Detailed breakdown of compensation structure and profit sharing formula
2. Schedule 2 - Capital Account: Specifics of capital contribution and withdrawal rights
3. Schedule 3 - KPIs and Performance Metrics: Detailed performance criteria and evaluation methods
4. Schedule 4 - Partnership Assets: List of key partnership assets under management
5. Schedule 5 - Authorized Activities: Specific activities the managing partner is authorized to undertake
6. Appendix A - Partnership Structure: Organizational chart and management structure
7. Appendix B - Partner Benefits: Detailed description of additional benefits and entitlements
8. Appendix C - Compliance Requirements: Specific regulatory and compliance obligations
9. Appendix D - Insurance Requirements: Required insurance coverage details
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