The Corporate Management Agreement serves as the primary contractual framework for engaging corporate managers in Belgium, whether through individual appointments or management companies. This document is essential when companies wish to establish a clear self-employed management relationship, distinct from employment arrangements, and is particularly relevant for board members, managing directors, and executive committee members. The agreement must comply with Belgian corporate law, particularly the Companies and Associations Code, while addressing tax implications, social security considerations, and corporate governance requirements. It's commonly used in both domestic Belgian companies and Belgian subsidiaries of international groups, requiring careful consideration of local legal requirements and business practices.
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1. Parties: Identification of the company and the management entity/individual
2. Background: Context of the agreement and appointment basis
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Scope of management position, duration, and renewal terms
5. Management Duties and Responsibilities: Detailed description of management services and authority level
6. Time Commitment: Expected time dedication and availability requirements
7. Remuneration and Benefits: Management fees, payment terms, and any additional benefits
8. Expenses: Policy on business expenses and reimbursement
9. Independence and Status: Confirmation of self-employed status and independence
10. Compliance and Corporate Governance: Obligations regarding corporate governance code and regulatory compliance
11. Confidentiality: Protection of company confidential information
12. Intellectual Property: Ownership and rights to work products and innovations
13. Termination: Grounds for termination and notice requirements
14. Post-Termination Obligations: Continuing duties after agreement end
15. Governing Law and Jurisdiction: Confirmation of Belgian law application and dispute resolution
1. Non-Compete and Non-Solicitation: Restrictions on competitive activities and client/employee solicitation - include when protecting business interests is crucial
2. Insurance: Requirements for professional liability insurance - include for high-risk sectors
3. Performance Metrics: Specific KPIs and evaluation criteria - include for performance-based arrangements
4. Group Company Provisions: Services to affiliated companies - include for group structures
5. Shareholding Requirements: Share ownership obligations - include for executive directors
6. Representation Powers: Specific powers of representation - include for managing directors
7. Alternative Management: Provisions for alternate manager appointment - include for management companies
1. Schedule 1 - Service Description: Detailed outline of management services and responsibilities
2. Schedule 2 - Remuneration Structure: Detailed breakdown of fees, bonuses, and benefits
3. Schedule 3 - Company Policies: Key corporate policies applicable to management
4. Schedule 4 - Expense Policy: Detailed rules for expense claims and reimbursement
5. Schedule 5 - Group Companies: List of affiliated companies covered by the agreement
6. Appendix A - Board Resolution: Copy of board resolution approving the management appointment
7. Appendix B - Powers of Attorney: Specific management powers and authority limits
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