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Fee Share Agreement

Fee Share Agreement Template for New Zealand

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Key Requirements PROMPT example:

Fee Share Agreement

"I need a Fee Share Agreement between my consulting firm and a business partner in New Zealand, where they will receive 20% of consulting fees for any clients they refer to us, with quarterly payments and standard audit rights."

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Document background
The Fee Share Agreement is essential for businesses and professionals in New Zealand who wish to formalize arrangements for sharing revenues, commissions, or fees. This document is commonly used in professional services, financial services, and various business partnerships where income or revenues need to be divided between participating parties. The agreement ensures compliance with New Zealand's regulatory framework, including tax legislation and commercial law requirements. It typically includes detailed mechanisms for fee calculation, payment procedures, reporting obligations, and dispute resolution processes. The Fee Share Agreement is particularly valuable for arrangements involving ongoing business relationships, referral partnerships, or joint service delivery where clear financial arrangements are crucial for successful collaboration.
Suggested Sections

1. Parties: Identification and details of all parties to the fee share agreement

2. Background: Context of the agreement, existing relationships, and purpose of the fee sharing arrangement

3. Definitions: Key terms used throughout the agreement, including definition of fees, calculation periods, and payment terms

4. Fee Structure: Detailed explanation of how fees will be calculated, shared, and allocated between parties

5. Payment Terms: Timing, method, and currency of fee payments, including payment procedures and bank account details

6. Reporting and Reconciliation: Requirements for financial reporting, fee calculations verification, and periodic reconciliation processes

7. Records and Audit Rights: Obligations regarding record keeping and rights to audit fee calculations and supporting documentation

8. Tax Obligations: Treatment of GST and other applicable taxes, tax reporting responsibilities

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

10. Confidentiality: Protection of confidential information shared during the fee sharing arrangement

11. Dispute Resolution: Process for resolving disputes related to fee calculations or agreement interpretation

12. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures

Optional Sections

1. Non-Competition: Restrictions on competing activities, used when parties operate in similar markets

2. Intellectual Property: IP rights and usage terms, included when fee sharing involves licensed IP or branded services

3. Service Level Requirements: Performance standards and metrics, used when fee sharing is tied to service delivery

4. Force Majeure: Provisions for unexpected events affecting fee generation, included for longer-term arrangements

5. Assignment Rights: Terms for transferring rights under the agreement, included for more complex commercial arrangements

6. Marketing and Branding: Guidelines for marketing and brand usage, included when public promotion is involved

7. Insurance Requirements: Insurance obligations, included when activities carrying significant risks are involved

Suggested Schedules

1. Fee Calculation Schedule: Detailed methodology and examples of fee calculations

2. Payment Procedures: Step-by-step process for fee collection, calculation, and distribution

3. Reporting Template: Standard format for periodic fee reporting and reconciliation

4. Service Description: Detailed description of services or activities generating the fees

5. Authorized Representatives: List of designated contacts for fee-related communications and approvals

6. Historical Fee Data: Previous fee information if agreement is based on historical arrangements

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 Industries

Financial Services

Professional Services

Real Estate

Technology

Healthcare

Consulting

Legal Services

Insurance

Investment Management

Software and SaaS

Business Services

Education and Training

Relevant Teams

Legal

Finance

Business Development

Partnerships

Operations

Sales

Compliance

Commercial

Treasury

Revenue Management

Channel Management

Relevant Roles

Chief Financial Officer

Finance Director

Business Development Manager

Partnership Manager

Legal Counsel

Commercial Director

Revenue Manager

Compliance Officer

Operations Director

Sales Director

Channel Manager

Account Executive

Business Partner Manager

Financial Controller

Treasury Manager

Industries
Contract and Commercial Law Act 2017: Primary legislation governing formation and enforcement of contracts in New Zealand, including electronic transactions and contractual remedies
Companies Act 1993: Relevant for understanding the legal framework when parties to the fee share agreement are companies, including directors' duties and corporate obligations
Fair Trading Act 1986: Ensures fair trading practices and prohibits misleading conduct in trade, relevant for fee calculations and representations made in the agreement
Goods and Services Tax Act 1985: Important for determining GST obligations in fee sharing arrangements and ensuring proper tax treatment of shared revenues
Partnership Act 1908: May be relevant if the fee sharing arrangement creates or resembles a partnership relationship between parties
Income Tax Act 2007: Crucial for understanding tax implications of fee sharing arrangements and ensuring compliance with income tax obligations
Financial Markets Conduct Act 2013: May be relevant if the fee sharing arrangement involves financial services or products
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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