The Managing Partner Agreement is a crucial document used when appointing or formalizing the position of a managing partner in an Indonesian business partnership. It is particularly relevant when establishing new partnerships, restructuring existing ones, or promoting partners to management positions. The agreement must comply with Indonesian corporate law, particularly regarding management structures and partner obligations. This document typically includes comprehensive details about management authority, profit sharing mechanisms, decision-making processes, and partnership governance. It's essential for protecting all parties' interests while ensuring the partnership's effective operation under Indonesian jurisdiction. The agreement should be structured to accommodate both local and, where applicable, international business practices while maintaining compliance with Indonesian regulatory requirements.
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1. Parties: Identification of the partnership entity and the managing partner
2. Background: Context of the appointment and partnership structure
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Formal appointment as managing partner and duration of the role
5. Roles and Responsibilities: Detailed description of managing partner duties and authority
6. Partnership Contribution: Details of capital contribution and ownership stake
7. Remuneration and Profit Share: Compensation structure, profit sharing formula, and payment terms
8. Management Rights: Scope of management authority and decision-making powers
9. Obligations and Commitments: Specific duties, time commitment, and performance expectations
10. Non-Competition and Confidentiality: Restrictions on competing activities and handling of confidential information
11. Partnership Meetings: Procedures for partner meetings and voting rights
12. Financial Management: Financial reporting obligations and fiscal responsibilities
13. Termination: Grounds and procedures for ending the managing partner relationship
14. Dispute Resolution: Process for resolving conflicts under Indonesian law
15. Governing Law: Confirmation of Indonesian law as governing law
1. Intellectual Property Rights: Required when the partnership involves creation or management of IP assets
2. International Operations: Needed when the partnership operates across multiple jurisdictions
3. Insurance and Indemnification: Optional section for specific insurance requirements and indemnity provisions
4. Family Succession Rights: Relevant for family-owned partnerships with succession planning needs
5. External Directorships: Required when managing partner holds other board positions
6. Environmental and Social Responsibility: Important for partnerships in regulated industries or with ESG commitments
1. Schedule A - Remuneration Package: Detailed breakdown of compensation structure and benefits
2. Schedule B - Performance Metrics: Specific KPIs and performance evaluation criteria
3. Schedule C - Partnership Assets: List of partnership assets under management
4. Schedule D - Operating Procedures: Detailed management and operational procedures
5. Appendix 1 - Partner's Profile: Managing partner's qualifications and experience
6. Appendix 2 - Power of Attorney: Formal delegation of management authority
7. Appendix 3 - Conflict Resolution Procedures: Detailed dispute resolution mechanisms
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