The Interim Management Agreement is designed for situations where organizations require temporary senior leadership or specialized management expertise. This contract type is specifically structured under Belgian law to engage professional managers on a non-employment basis, typically during organizational transitions, specific projects, or crisis periods. The document incorporates essential elements required by Belgian corporate and commercial law, including clear delineation of independent contractor status, service scope, governance requirements, and compliance with EU regulations. It's particularly useful when companies need immediate access to experienced management expertise without creating permanent employment relationships, while ensuring proper protection of both parties' interests and compliance with Belgian legal requirements for professional services contracts.
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1. Parties: Identification of the contracting parties - the company and the interim manager or their management company
2. Background: Context of the appointment, including the company's need for interim management services
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment and detailed description of the interim management role and responsibilities
5. Term and Termination: Duration of the agreement, notice periods, and grounds for termination
6. Services: Detailed description of services to be provided, including any specific projects or objectives
7. Time Commitment: Expected time dedication and flexibility requirements
8. Remuneration and Expenses: Fee structure, payment terms, and reimbursable expenses
9. Independent Contractor Status: Clear statement of independent contractor relationship and not employment
10. Obligations of the Interim Manager: Key duties, reporting requirements, and standard of care
11. Company's Obligations: Support, information, and resources to be provided by the company
12. Confidentiality: Protection of confidential information and trade secrets
13. Intellectual Property: Ownership and rights to work product created during the engagement
14. Data Protection: GDPR compliance and data handling requirements
15. Insurance and Liability: Required insurance coverage and limitation of liability provisions
16. General Provisions: Standard legal provisions including governing law, notices, and entire agreement
1. Non-Competition: Restrictions on competing activities, used when the interim manager has access to sensitive competitive information
2. Non-Solicitation: Restrictions on soliciting employees or clients, relevant for senior management roles
3. Performance Metrics: Specific KPIs and performance evaluation criteria, used for results-based engagements
4. Success Fee: Additional compensation based on achieving specific objectives, used in turnaround situations
5. Corporate Authority: Specific corporate powers and signing authority, needed for senior executive positions
6. International Travel: Terms for international assignments and travel, relevant for multinational operations
7. Substitution Rights: Right to provide substitute personnel, relevant when contracting with management companies
8. Board Reporting: Specific board reporting requirements, needed for senior executive roles
1. Schedule 1 - Services Description: Detailed outline of services, responsibilities, and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment terms, and expenses
3. Schedule 3 - Key Performance Indicators: Specific performance metrics and evaluation criteria
4. Schedule 4 - Company Policies: Relevant company policies applicable to the interim manager
5. Schedule 5 - Reporting Requirements: Format and frequency of required reports
6. Appendix A - Power of Attorney: If required, specific powers granted to the interim manager
7. Appendix B - Insurance Requirements: Detailed insurance coverage requirements
8. Appendix C - Confidential Information: Specific definition and categories of confidential information
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