The Commercial Management Agreement is essential for businesses operating in Belgium that seek to engage professional management services while maintaining clear governance and accountability structures. This document type is particularly relevant when companies need external management expertise without creating an employment relationship. The agreement, governed by Belgian law, establishes the framework for management services, including strategic oversight, operational control, and performance metrics. It addresses key aspects such as authority limits, reporting structures, and compliance with Belgian commercial regulations. The Commercial Management Agreement is commonly used in business restructuring, expansion projects, or when specialized management expertise is required. The document ensures compliance with Belgian legal requirements while providing flexibility to adapt to specific business needs and industry contexts.
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1. Parties: Identification and details of the contracting parties - the company and the commercial manager
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment and detailed scope of management services to be provided
5. Duration and Term: Period of the agreement, including start date, term, and renewal provisions
6. Manager's Duties and Responsibilities: Detailed description of the manager's obligations, authority levels, and performance standards
7. Company's Obligations: Company's responsibilities and commitments to support the manager's activities
8. Compensation and Payment Terms: Fee structure, payment schedule, expenses, and any performance-based compensation
9. Reporting and Performance Monitoring: Requirements for regular reporting, performance metrics, and evaluation procedures
10. Intellectual Property Rights: Ownership and usage rights of intellectual property created during the management services
11. Confidentiality: Protection of confidential information and trade secrets
12. Non-Competition and Non-Solicitation: Restrictions on competitive activities and client/employee solicitation
13. Termination: Grounds for termination, notice requirements, and consequences of termination
14. Post-Termination Obligations: Obligations surviving the termination of the agreement
15. General Provisions: Standard clauses including notices, amendments, governing law, etc.
1. Insurance Requirements: Specific insurance coverage requirements - include when the manager needs to maintain particular insurance policies
2. Data Protection: GDPR compliance and data handling procedures - include when personal data processing is involved
3. Force Majeure: Provisions for unforeseen circumstances - particularly relevant in long-term or high-value agreements
4. Compliance with Specific Regulations: Industry-specific regulatory compliance - include when operating in regulated sectors
5. Subcontracting: Terms for engaging subcontractors - include when subcontracting may be necessary
6. International Operations: Provisions for cross-border activities - include when services span multiple jurisdictions
7. Change Control: Procedures for managing changes to services - include in complex or evolving management relationships
1. Schedule 1 - Services Description: Detailed description of management services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, compensation structure, and payment terms
3. Schedule 3 - Key Performance Indicators: Specific performance metrics and evaluation criteria
4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports
5. Schedule 5 - Company Policies: Relevant company policies the manager must comply with
6. Appendix A - Power of Attorney: If required, specific powers granted to the manager
7. Appendix B - Territory Definition: Geographic scope of management authority if applicable
8. Appendix C - Key Personnel: List of key individuals involved in providing the management services
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