Termination Of Management Agreement Template for Nigeria

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Key Requirements PROMPT example:

Termination Of Management Agreement

"I need a Termination of Management Agreement for a hotel property in Lagos, Nigeria, where we're ending our relationship with the current management company by mutual consent effective March 1, 2025, and need to include specific provisions for the handover of guest data and loyalty program information."

Document background
The Termination of Management Agreement is a crucial document used when parties wish to formally end their existing management services relationship in Nigeria. It is particularly relevant when companies restructure their operations, change service providers, or bring management functions in-house. This document ensures compliance with Nigerian corporate law, including the Companies and Allied Matters Act (CAMA) 2020, and addresses essential elements such as outstanding payments, transitional arrangements, and ongoing obligations. The agreement protects both parties' interests by clearly defining the termination terms, release of liabilities, and post-termination obligations. It is commonly used across various industries where external management services are prevalent and requires careful consideration of corporate governance requirements, regulatory obligations, and potential tax implications under Nigerian law.
Suggested Sections

1. Parties: Identification of all parties to the termination agreement, including full legal names, registration numbers, and registered addresses

2. Background: Brief recital of the original management agreement, its date, and key terms, and the circumstances leading to termination

3. Definitions: Definitions of key terms used in the agreement, including references to defined terms from the original agreement that remain relevant

4. Termination: Clear statement of termination, effective date, and mutual agreement of the parties

5. Outstanding Obligations: Statement of any remaining obligations, payments, or duties to be fulfilled by either party

6. Return of Property: Requirements for the return of company property, documents, data, and other materials

7. Confidentiality: Ongoing obligations regarding confidential information and trade secrets

8. Release and Waiver: Mutual release from future claims related to the management agreement

9. Governing Law: Confirmation that Nigerian law governs the termination agreement

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Transition Arrangements: Details of handover process and transition period, if applicable

2. Non-Compete and Non-Solicitation: Restrictions on future competitive activities and employee solicitation, if agreed

3. Surviving Provisions: Identification of provisions from original agreement that survive termination

4. Tax Provisions: Specific arrangements regarding tax liabilities and obligations

5. Dispute Resolution: Specific procedures for resolving disputes, if different from original agreement

6. Public Announcements: Requirements for public communications about the termination, particularly relevant for listed companies

7. Employee Matters: Provisions dealing with affected employees, if management included staff supervision

8. Intellectual Property Rights: Specific provisions regarding IP rights and licenses post-termination

Suggested Schedules

1. Schedule 1 - Original Management Agreement: Copy or summary of the original management agreement being terminated

2. Schedule 2 - Outstanding Payments: Detailed list of any outstanding payments, fees, or financial obligations

3. Schedule 3 - Company Property Inventory: List of all company property, documents, and materials to be returned

4. Schedule 4 - Transition Plan: Detailed timeline and responsibilities for transition of management duties

5. Schedule 5 - Surviving Obligations: Comprehensive list of obligations that survive termination

6. Appendix A - Required Regulatory Filings: List of any necessary regulatory notifications or filings required under Nigerian law

7. Appendix B - Board Resolutions: Copies of relevant board resolutions authorizing the termination

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Real Estate

Hospitality

Manufacturing

Energy and Natural Resources

Technology

Healthcare

Infrastructure

Retail

Agriculture

Telecommunications

Relevant Teams

Legal

Finance

Operations

Human Resources

Compliance

Risk Management

Corporate Secretariat

Facilities Management

Project Management

Executive Leadership

Board of Directors

Relevant Roles

Chief Executive Officer

Managing Director

Chief Financial Officer

Chief Operating Officer

Legal Counsel

Corporate Secretary

Operations Director

Facility Manager

Contract Manager

Human Resources Director

Risk Manager

Compliance Officer

Board Member

General Manager

Project Manager

Industries
Companies and Allied Matters Act (CAMA) 2020: The primary legislation governing company operations in Nigeria, including management and corporate governance requirements. Relevant for ensuring proper authorization and procedures for terminating management agreements.
Nigerian Contract Law: Based on common law principles, governs the formation, execution, and termination of contracts, including requirements for valid termination notices and procedures.
Labour Act Cap L1 LFN 2004: While primarily focused on employment relationships, it may be relevant if the management agreement has elements of employment relationship or if managers are considered employees under Nigerian law.
Investment and Securities Act 2007: Relevant if the management agreement involves listed companies or regulated investment entities, as it governs corporate governance and disclosure requirements.
Federal Competition and Consumer Protection Act 2018: May be relevant if the termination of management agreement has competition implications or affects market structure.
Arbitration and Conciliation Act Cap A18 LFN 2004: Important for dispute resolution provisions in the termination agreement, especially if the original agreement contains arbitration clauses.
Companies Income Tax Act: Relevant for tax implications arising from the termination of management agreement, including treatment of termination payments and tax liabilities.
Stamp Duties Act: Requirements for proper stamping of the termination agreement to ensure its admissibility in evidence.
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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