The Management Fee Agreement is a crucial document used in Australian business contexts where one entity provides management services to another for a fee. This agreement is particularly relevant in situations involving corporate management services, fund management, property management, or asset management services. The document is designed to comply with Australian regulatory requirements, including the Corporations Act 2001, ASIC regulations, and relevant financial services laws. It typically includes comprehensive details about service scope, fee calculations, performance standards, reporting requirements, and compliance obligations. The agreement is essential for establishing clear terms of engagement, protecting both parties' interests, and ensuring transparency in fee arrangements and service delivery expectations. It's commonly used in various business structures including corporate groups, investment funds, and professional service arrangements.
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1. Parties: Identifies and provides details of the parties entering into the agreement
2. Background: Sets out the context and purpose of the agreement, including any relevant business relationship context
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Establishes the formal appointment and outlines the scope of management services to be provided
5. Management Services: Detailed description of all management services to be provided under the agreement
6. Fees and Payment Terms: Specifies the management fees, calculation methods, payment frequency, and payment terms
7. Performance Standards: Sets out the required standard of service and any specific performance metrics
8. Reporting and Communication: Details the reporting requirements, frequency, and communication protocols
9. Obligations of the Manager: Specifies the manager's duties, responsibilities, and compliance requirements
10. Obligations of the Client: Outlines the client's responsibilities and obligations
11. Term and Termination: Specifies the duration of the agreement and termination provisions
12. Confidentiality: Provisions regarding the handling of confidential information
13. Intellectual Property: Addresses ownership and use of intellectual property
14. Liability and Indemnification: Sets out liability limitations and indemnification provisions
15. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures
1. Key Personnel: Include when specific individuals are crucial to the service delivery
2. Service Level Agreement: Include when specific performance metrics and service levels need to be measured and maintained
3. Dispute Resolution: Include when parties want to specify detailed dispute resolution procedures beyond standard court proceedings
4. Insurance: Include when specific insurance requirements need to be maintained
5. Force Majeure: Include when parties want to address circumstances beyond their control
6. Non-Competition: Include when restricting the manager's ability to provide similar services to competitors
7. Assignment and Subcontracting: Include when there's a need to address potential transfer of rights or use of subcontractors
1. Schedule 1 - Services Description: Detailed breakdown of management services to be provided
2. Schedule 2 - Fee Schedule: Detailed fee structure, calculations, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements
4. Schedule 4 - Key Personnel: Details of key team members and their roles
5. Schedule 5 - Reporting Requirements: Templates and specifications for required reports
6. Appendix A - Communication Protocol: Detailed procedures for routine and emergency communications
7. Appendix B - Compliance Requirements: Specific regulatory and compliance obligations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Property Management
Investment Management
Corporate Services
Professional Services
Real Estate
Private Equity
Asset Management
Fund Management
Business Consulting
Facilities Management
Relevant Teams
Legal
Finance
Compliance
Operations
Risk Management
Corporate Services
Treasury
Investment
Asset Management
Business Development
Administrative Services
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Managing Director
Finance Director
Legal Counsel
Corporate Lawyer
Compliance Officer
Fund Manager
Asset Manager
Operations Manager
Contract Manager
Business Development Manager
Financial Controller
Company Secretary
Risk Manager
Portfolio Manager
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