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Memorandum Of Understanding For Profit Sharing Template for Philippines

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Key Requirements PROMPT example:

Memorandum Of Understanding For Profit Sharing

"I need a Memorandum Of Understanding For Profit Sharing between my tech startup and a potential investor in Manila, where the investor will provide PHP 5 million in funding for a 30% share of profits, with the arrangement to commence on March 1, 2025."

Document background
The Memorandum of Understanding For Profit Sharing is essential for businesses in the Philippines seeking to formalize profit-sharing arrangements while maintaining compliance with local regulations. This document is particularly useful for joint ventures, partnerships, and business collaborations where parties need to clearly define how profits will be shared without creating a full partnership or corporation. It typically includes provisions for profit calculation, distribution schedules, audit rights, and dispute resolution mechanisms, all aligned with Philippine corporate and tax laws. The MOU format allows for flexibility while still providing a clear framework for the financial relationship between parties. This document type is commonly used in both new business ventures and existing business expansions, particularly when parties want to test a collaboration before establishing more permanent structures.
Suggested Sections

1. Parties: Identification of all parties entering into the MOU, including their legal names, addresses, and registration details

2. Background: Context of the arrangement, relationship between parties, and purpose of the profit sharing agreement

3. Definitions: Clear definitions of key terms, especially 'Profit', 'Revenue', 'Expenses', and other financial terms used in the agreement

4. Scope of Agreement: Details of the business activities covered under the profit sharing arrangement

5. Profit Sharing Structure: Core terms defining how profits will be calculated and distributed among parties

6. Payment Terms: Timing, method, and currency of profit distribution payments

7. Records and Audit Rights: Requirements for maintaining financial records and rights to audit

8. Confidentiality: Provisions protecting sensitive business information shared between parties

9. Term and Termination: Duration of the agreement and conditions for termination

10. Governing Law: Specification of Philippine law as governing law and jurisdiction

11. Dispute Resolution: Process for resolving disagreements between parties

Optional Sections

1. Non-Competition: Restrictions on parties engaging in competing businesses, used when parties are in similar industries

2. Intellectual Property Rights: IP ownership and usage rights, needed when the profit-generating activities involve IP

3. Insurance Requirements: Insurance obligations of parties, relevant for high-risk business activities

4. Force Majeure: Provisions for unforeseen circumstances, particularly important in long-term arrangements

5. Assignment Rights: Rules about transferring rights under the MOU, important for corporate restructuring scenarios

6. Tax Provisions: Detailed tax handling procedures, necessary when cross-border elements exist

7. Representatives and Warranties: Additional assurances from parties, important in high-value arrangements

Suggested Schedules

1. Profit Calculation Methodology: Detailed formula and procedures for calculating distributable profits

2. Payment Schedule: Specific dates and triggers for profit distribution payments

3. Financial Reporting Template: Standard format for regular financial reporting between parties

4. Authorized Representatives: List of persons authorized to act on behalf of each party

5. Business Plan: Projected financials and business activities (if applicable)

6. Audit Procedures: Detailed procedures for conducting financial audits

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Technology

Manufacturing

Retail

Real Estate

Construction

Food and Beverage

Professional Services

Healthcare

Agriculture

Mining

Tourism

Education

E-commerce

Financial Services

Entertainment

Relevant Teams

Legal

Finance

Corporate Development

Business Development

Executive Leadership

Operations

Compliance

Tax

Treasury

Commercial

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Business Development Manager

Finance Director

Legal Counsel

Corporate Lawyer

Business Owner

Partnership Manager

Investment Manager

Financial Controller

Commercial Director

Operations Manager

Joint Venture Manager

Compliance Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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