The Management Company Operating Agreement is a fundamental document used when establishing or restructuring a management company in New Zealand. It serves as the primary governing document that defines how the company will be operated, managed, and controlled. This agreement is particularly important when multiple parties are involved in the ownership or management of the company, or when professional management services are being provided to other entities. The document must comply with New Zealand legislation, including the Companies Act 1993, Contract and Commercial Law Act 2017, and other relevant regulations. It typically includes detailed provisions for capital contributions, profit sharing, decision-making processes, member rights and obligations, and management responsibilities. The agreement is essential for protecting all parties' interests and ensuring clear understanding of roles, responsibilities, and operational procedures.
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1. Parties: Identifies and defines all parties to the agreement, including members, managers, and the company itself
2. Background: Provides context for the agreement, including the company's formation and purpose
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Company Formation and Purpose: Details of company registration, business purpose, and principal place of business
5. Capital Contributions: Specifies initial and ongoing capital contributions requirements from members
6. Membership Interests: Defines ownership structure, classes of interests, and voting rights
7. Management Structure: Outlines management roles, responsibilities, and decision-making authority
8. Meetings and Voting: Procedures for member and management meetings, voting requirements, and quorum rules
9. Financial Management: Financial procedures, accounting practices, and distribution of profits
10. Transfer of Interests: Rules and restrictions regarding the transfer of membership interests
11. Withdrawal and Dissolution: Procedures for member withdrawal and company dissolution
12. Confidentiality: Obligations regarding confidential information and trade secrets
13. Dispute Resolution: Procedures for resolving disputes between members or with management
14. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Intellectual Property: Required when the company owns or manages significant intellectual property assets
2. Employment Matters: Needed when the company has employees or specific employment-related policies
3. Insurance Requirements: Include when specific insurance coverage is mandatory for the business
4. Environmental Compliance: Required for companies operating in environmentally sensitive industries
5. International Operations: Include when the company operates across multiple jurisdictions
6. Special Purpose Vehicles: Needed when the company creates or manages subsidiary entities
7. Technology and Data Protection: Required when the company handles significant digital assets or personal data
8. Regulatory Compliance: Include for industries with specific regulatory requirements
1. Schedule 1: Member Registry: Current list of members, their contact details, and ownership percentages
2. Schedule 2: Initial Capital Contributions: Detailed breakdown of members' initial capital contributions
3. Schedule 3: Management Structure: Organizational chart and detailed management responsibilities
4. Schedule 4: Business Plan: Initial business plan and strategic objectives
5. Schedule 5: Fees and Charges: Schedule of management fees and other charges
6. Appendix A: Company Constitution: Copy of the company's constitution or incorporation documents
7. Appendix B: Compliance Procedures: Detailed compliance and reporting procedures
8. Appendix C: Forms and Templates: Standard forms for notices, transfers, and other routine matters
Relevant legal definitions
Clauses
Relevant Industries
Property Management
Asset Management
Investment Management
Professional Services
Corporate Services
Real Estate
Financial Services
Facilities Management
Business Consulting
Hospitality Management
Retail Management
Healthcare Management
Agricultural Management
Relevant Teams
Legal
Corporate Governance
Executive Leadership
Operations
Finance
Compliance
Risk Management
Business Development
Investment
Asset Management
Company Secretariat
Board of Directors
Relevant Roles
Chief Executive Officer
Managing Director
Operations Manager
Company Secretary
Legal Counsel
Corporate Lawyer
Business Development Manager
Finance Director
Compliance Officer
Risk Manager
Board Member
Executive Director
Property Manager
Asset Manager
Investment Manager
General Counsel
Company Director
Portfolio Manager
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