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Consultancy Partnership Agreement for Germany

Consultancy Partnership Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes and regulates a partnership between independent consultants or professional service providers. The document outlines the terms and conditions for joint business operations, including profit sharing, management structure, client engagement protocols, and professional obligations. It incorporates specific requirements under German partnership law (Partnerschaftsgesellschaftsgesetz) and the German Civil Code (BGB), while addressing crucial aspects such as liability, intellectual property rights, data protection under GDPR, and professional standards compliance.

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Consultancy Partnership Agreement

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What is a Consultancy Partnership Agreement?

The Consultancy Partnership Agreement serves as the foundational document for professionals seeking to establish a formal consulting partnership under German law. This document is essential when two or more consultants or professional service providers wish to combine their expertise and resources in a structured partnership arrangement. It addresses critical aspects required by German legislation, including partnership formation under the Partnerschaftsgesellschaftsgesetz, profit sharing mechanisms, professional liability considerations, and compliance with industry-specific regulations. The agreement is particularly relevant for professional service providers who want to create a joint practice while maintaining their independent professional status, covering everything from day-to-day operations to long-term strategic considerations.

What sections should be included in a Consultancy Partnership Agreement?

1. Parties: Identification and details of all consulting partners entering into the agreement

2. Background: Context of the partnership formation and general intent of the parties

3. Definitions: Key terms used throughout the agreement

4. Partnership Formation: Legal establishment of the partnership, including its name, purpose, and commencement date

5. Scope of Business: Definition of the partnership's business activities and service offerings

6. Capital Contributions: Details of initial and ongoing capital contributions by partners

7. Profit and Loss Sharing: Agreement on how profits and losses will be distributed among partners

8. Management and Decision Making: Partnership governance structure and decision-making processes

9. Partner Rights and Obligations: Detailed responsibilities and rights of each partner

10. Client Engagement: Process for accepting and managing client engagements

11. Intellectual Property: Ownership and protection of partnership IP and work product

12. Confidentiality: Protection of partnership and client confidential information

13. Data Protection: GDPR compliance and data handling procedures

14. Duration and Termination: Term of partnership and conditions for termination

15. Financial Management: Banking, accounting, and financial reporting requirements

16. Dispute Resolution: Procedures for resolving internal partner disputes

17. Governing Law: Confirmation of German law application and jurisdiction

What sections are optional to include in a Consultancy Partnership Agreement?

1. Non-Compete Provisions: Restrictions on competitive activities, used when partners agree to exclusivity

2. International Operations: Special provisions for cross-border services, needed if operating internationally

3. Professional Indemnity: Additional insurance and liability provisions for high-risk consultancy services

4. Partner Retirement: Procedures for partner retirement and succession, relevant for larger or long-term partnerships

5. New Partner Admission: Process for adding new partners, important for growing partnerships

6. Marketing and Branding: Guidelines for partnership marketing, relevant when joint branding is important

7. Remote Working: Provisions for virtual office and remote work arrangements

8. Force Majeure: Provisions for unforeseen circumstances affecting partnership operations

What schedules should be included in a Consultancy Partnership Agreement?

1. Schedule 1 - Partner Details: Detailed information about each partner including qualifications and specializations

2. Schedule 2 - Capital Contributions: Detailed breakdown of each partner's initial and committed capital contributions

3. Schedule 3 - Profit Sharing Formula: Detailed calculation method for profit and loss distribution

4. Schedule 4 - Service Offerings: Detailed description of partnership's consulting services and expertise areas

5. Schedule 5 - Fee Structure: Standard fee structures and billing practices for client engagements

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

7. Appendix B - Quality Standards: Quality management and service delivery standards

8. Appendix C - GDPR Compliance: Detailed data protection procedures and compliance measures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Cost

Free to use
Relevant legal definitions












































Clauses











































Relevant Industries

Management Consulting

IT Consulting

Strategy Consulting

Financial Advisory

Engineering Consulting

Environmental Consulting

Healthcare Consulting

Human Resources Consulting

Legal Consulting

Technology Services

Business Advisory

Digital Transformation

Sustainability Consulting

Operations Consulting

Relevant Teams

Legal

Compliance

Professional Services

Operations

Business Development

Risk Management

Strategy

Executive Leadership

Partnership Management

Commercial

Relevant Roles

Managing Partner

Senior Consultant

Professional Services Director

Business Development Manager

Operations Director

Chief Executive Officer

Partnership Manager

Legal Counsel

Compliance Officer

Risk Manager

Strategy Consultant

Management Consultant

Technical Consultant

Independent Consultant

Professional Services Partner

Industries







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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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