Management Fee Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions under which a management service provider delivers specified management services to a client in exchange for agreed-upon fees. The document details the scope of services, fee structure, payment terms, service levels, reporting requirements, and respective obligations of both parties while ensuring compliance with New Zealand's regulatory framework, including the Contract and Commercial Law Act 2017 and relevant financial services legislation.

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What is a Management Fee Agreement?

The Management Fee Agreement is a crucial document used when establishing a professional relationship between a management service provider and a client organization in New Zealand. This agreement is essential when one party agrees to provide management services such as operational oversight, strategic planning, or administrative services to another party for a fee. The document complies with New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant financial services regulations. It typically includes detailed provisions for service scope, fee calculations, performance metrics, reporting requirements, and termination conditions. The agreement is particularly important for ensuring clarity in commercial relationships and protecting both parties' interests while maintaining regulatory compliance.

What sections should be included in a Management Fee Agreement?

1. Parties: Identifies and defines the parties to the agreement - typically the Management Company and the Client

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Appointment and Scope: Establishes the formal appointment and details the scope of management services

5. Term and Termination: Specifies the duration of the agreement and circumstances for termination

6. Management Services: Detailed description of the services to be provided

7. Management Fees: Specifies fee structure, calculation method, and payment terms

8. Payment Terms: Details the invoicing process, payment deadlines, and late payment consequences

9. Obligations of the Manager: Specifies the manager's duties, responsibilities, and service standards

10. Client Obligations: Outlines the client's responsibilities and cooperation requirements

11. Confidentiality: Provisions for handling confidential information

12. Liability and Indemnity: Limits of liability and indemnification provisions

13. Dispute Resolution: Procedures for handling disputes between parties

14. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

What sections are optional to include in a Management Fee Agreement?

1. GST and Taxation: Detailed tax provisions - include when parties need specific tax handling arrangements

2. Intellectual Property: Include when management services involve creation or use of intellectual property

3. Force Majeure: Include when parties want specific provisions for handling unforeseen circumstances

4. Non-Competition: Include when restricting the manager from providing services to competitors

5. Insurance: Include when specific insurance requirements need to be detailed

6. Performance Metrics: Include when specific performance standards and KPIs need to be met

7. Regulatory Compliance: Include when services are subject to specific regulatory requirements

8. Subcontracting: Include when the manager may need to subcontract certain services

What schedules should be included in a Management Fee Agreement?

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

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, calculations, and payment structures

3. Schedule 3 - Service Levels: Specific service levels, KPIs, and performance metrics

4. Schedule 4 - Reporting Requirements: Details of required reports, frequency, and content

5. Schedule 5 - Key Personnel: List of key personnel assigned to provide the services

6. Appendix A - Communication Protocols: Procedures for routine communications and escalations

7. Appendix B - Compliance Requirements: Specific regulatory and compliance requirements applicable to the services

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

Jurisdiction

New Zealand

Publisher

Genie AI

Cost

Free to use

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