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Business Management Agreement

Business Management Agreement Template for Switzerland

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Key Requirements PROMPT example:

Business Management Agreement

"I need a Business Management Agreement for engaging a professional services firm to provide interim management services for our manufacturing company's operations division in Switzerland from March 2025, with specific focus on performance metrics and knowledge transfer provisions."

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Document background
The Business Management Agreement is a critical legal instrument used when a company seeks to engage external management expertise or professional services for business operations, strategic planning, or specific project management. This document, governed by Swiss law and particularly the Swiss Code of Obligations, establishes the framework for a professional management relationship, defining the scope of services, performance expectations, and commercial terms. It is commonly used in situations requiring specialized management expertise, business restructuring, or temporary leadership support. The agreement includes comprehensive provisions for service delivery, reporting requirements, confidentiality obligations, and risk allocation, while ensuring compliance with Swiss regulatory requirements and business practices. It serves as both a legal safeguard and operational guideline for the management relationship.
Suggested Sections

1. Parties: Identification of the contracting parties - the company engaging the management services and the management service provider

2. Background: Context of the agreement and brief description of the parties' intention to enter into a management relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope of Services: Formal appointment clause and detailed description of management services to be provided

5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

6. Management Duties and Responsibilities: Detailed obligations of the management service provider

7. Company's Obligations: Responsibilities and commitments of the company receiving management services

8. Fees and Payment Terms: Management fees, payment schedule, and expense reimbursement terms

9. Reporting and Performance Review: Requirements for regular reporting and performance evaluation

10. Confidentiality: Protection of confidential information and trade secrets

11. Intellectual Property Rights: Ownership and usage rights of IP created during the management services

12. Liability and Indemnification: Extent of liability and indemnification obligations of both parties

13. Force Majeure: Provisions for unforeseen circumstances preventing performance

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

15. General Provisions: Standard clauses including notices, amendments, and severability

Optional Sections

1. Non-Competition and Non-Solicitation: Restrictions on competitive activities and employee solicitation - include when protecting business interests is crucial

2. Insurance: Requirements for professional liability insurance - include when significant risks are involved

3. Data Protection: Specific provisions for handling personal data - include when significant data processing is involved

4. Compliance with Laws: Specific regulatory compliance obligations - include when operating in regulated industries

5. Key Personnel: Identification of key individuals - include when specific expertise or personnel are essential

6. Service Levels: Specific performance metrics - include when quantifiable targets are required

7. Business Continuity: Disaster recovery and business continuity requirements - include for critical services

8. Exit Management: Detailed transition provisions - include when service transition is complex

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of management services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Key Performance Indicators: Specific metrics for measuring management performance

4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports

5. Schedule 5 - Key Personnel: Details of key team members and their qualifications

6. Appendix A - Power of Attorney: If required, specific management powers granted

7. Appendix B - Company Policies: Relevant internal policies the management must comply with

8. Appendix C - Service Level Agreement: Detailed service levels and performance metrics

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Business Day
Company
Company Policies
Confidential Information
Contract Year
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Initial Term
Intellectual Property Rights
Key Personnel
Management Fees
Management Services
Material Breach
Performance Standards
Renewal Term
Reports
Service Level Agreement
Service Provider
Services
Term
Territory
Working Hours
Affiliated Companies
Business Plans
Change of Control
Commencement Date
Expenses
Key Performance Indicators
Management Team
Notice
Project
Quality Standards
Records
Regulatory Approvals
Related Parties
Termination Date
Clauses
Appointment
Services Scope
Term and Duration
Management Rights and Powers
Service Provider Obligations
Company Obligations
Fees and Expenses
Payment Terms
Performance Standards
Reporting Requirements
Key Personnel
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Liability and Indemnification
Insurance
Force Majeure
Termination Rights
Exit Management
Assignment and Subcontracting
Notices
Amendment
Severability
Entire Agreement
Governing Law
Dispute Resolution
Regulatory Compliance
Business Continuity
Audit Rights
Warranties and Representations
Relevant Industries

Professional Services

Manufacturing

Retail

Healthcare

Technology

Financial Services

Hospitality

Real Estate

Construction

Energy

Transportation

Education

Non-profit Organizations

Media and Entertainment

Telecommunications

Relevant Teams

Legal

Operations

Executive Leadership

Procurement

Finance

Compliance

Risk Management

Business Development

Strategic Planning

Human Resources

Project Management Office

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Managing Director

Business Development Manager

Operations Manager

Project Manager

Management Consultant

Business Advisor

Corporate Counsel

Legal Director

Procurement Manager

Risk Manager

Compliance Officer

Strategic Planning Director

General Manager

Industries
Swiss Code of Obligations (OR): The primary source of contract law in Switzerland, particularly Articles 394-406 concerning mandate agreements, which typically govern management contracts
Swiss Civil Code: Contains fundamental principles of Swiss law, including good faith principles and personality rights that may affect management relationships
Federal Act on Employment in Trade and Industry (Employment Act): Relevant for determining whether the management agreement might create an employment relationship and associated obligations
Federal Act on Cartels and Other Restraints of Competition: Important for ensuring the management agreement doesn't violate competition laws, especially regarding non-compete clauses
Federal Act on Data Protection (FADP): Crucial for handling personal and business data in the context of management activities
Swiss Corporate Law: Relevant provisions from the Code of Obligations (particularly Articles 620-763) regarding corporate governance and management responsibilities
Federal Act on the Prevention of Money Laundering (AMLA): May be relevant if the management activities involve financial transactions or asset management
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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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