The Management Agreement Form is a crucial legal instrument used in Hong Kong's business environment when a company seeks to engage professional management services from an external provider. This document is essential for businesses looking to outsource management functions, bring in specialized expertise, or establish clear governance structures for managed services. The agreement, governed by Hong Kong law, typically includes comprehensive details about service scope, performance metrics, fee structures, and risk allocation. It's particularly important for ensuring clarity in complex management relationships and maintaining compliance with Hong Kong's regulatory requirements, including the Companies Ordinance and relevant industry-specific regulations. The document serves as a foundation for professional management relationships while providing legal protection for all parties involved.
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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including brief description of the business
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation
4. Appointment and Term: Establishes the formal appointment of the manager and duration of the agreement
5. Scope of Services: Detailed description of management services to be provided
6. Manager's Duties and Responsibilities: Specific obligations and standards of performance expected from the manager
7. Client's Obligations: Responsibilities and obligations of the client to enable the manager to perform services
8. Fees and Payment Terms: Management fees, payment schedule, expenses, and payment methods
9. Performance Standards: Key performance indicators and quality standards for service delivery
10. Reporting Requirements: Regular reporting obligations and communication protocols
11. Confidentiality: Protection of confidential information and trade secrets
12. Termination: Circumstances and procedures for ending the agreement
13. Liability and Indemnification: Allocation of risks and responsibilities for losses
14. Force Majeure: Provisions for handling events beyond parties' control
15. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
16. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. Intellectual Property Rights: Include when management services involve creation or use of intellectual property
2. Non-Competition: Add when restricting manager's ability to work with competitors is necessary
3. Data Protection: Include when personal data processing is significant part of services
4. Insurance: Add when specific insurance requirements need to be maintained
5. Regulatory Compliance: Include for heavily regulated industries with specific compliance requirements
6. Service Level Agreement: Add when specific performance metrics need detailed definition
7. Change Control: Include when scope of services may need formal variation procedure
8. Business Continuity: Add when continuous service provision is critical to client's operations
1. Schedule 1 - Services Description: Detailed breakdown of management services to be provided
2. Schedule 2 - Fee Structure: Detailed fee calculations, rates, and payment terms
3. Schedule 3 - Key Personnel: List of key management team members and their roles
4. Schedule 4 - Performance Metrics: Detailed KPIs and measurement criteria
5. Schedule 5 - Reporting Templates: Standard formats for required reports and updates
6. Schedule 6 - Client Assets: List of client assets under management control
7. Appendix A - Power of Attorney: If required, specific powers granted to manager
8. Appendix B - Compliance Requirements: Industry-specific regulatory requirements and standards
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