Silent Partner Agreement Template for South Africa

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Silent Partner Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Silent Partner Agreement

"I need a Silent Partner Agreement for my technology startup based in Cape Town, where the silent partner will invest R5 million for a 30% profit share, with the agreement starting from March 2025 and including strict confidentiality provisions about their identity."

Document background
The Silent Partner Agreement is a crucial document used in South African business arrangements where an investor wishes to participate financially in a business venture without involvement in day-to-day operations or public association with the business. This agreement type is particularly relevant in scenarios where businesses seek additional capital while maintaining operational control, or when investors want to limit their liability and involvement to their financial contribution. Under South African law, the document must carefully address aspects such as the silent partner's limited liability, profit-sharing mechanisms, access to financial information, and protection of the silent partner's interests while ensuring they remain removed from management decisions. The agreement needs to comply with both the Companies Act 71 of 2008 and common law principles governing partnerships in South Africa.
Suggested Sections

1. Parties: Identification of the active partner(s) and the silent partner, including full legal names and addresses

2. Background: Context of the partnership formation, brief description of the business, and the intent to form a silent partnership

3. Definitions: Key terms used throughout the agreement, including specific business and financial terminology

4. Capital Contribution: Details of the silent partner's investment amount, payment terms, and any additional contribution provisions

5. Profit and Loss Sharing: Formula and terms for distribution of profits and allocation of losses between partners

6. Management and Control: Explicit statement of the silent partner's non-participation in management and the active partner's authority

7. Rights and Obligations: Specific rights of the silent partner (including access to information) and obligations of all parties

8. Financial Records and Reporting: Requirements for maintaining books, providing financial statements, and partner's inspection rights

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

10. Confidentiality: Obligations regarding business information and non-disclosure of the silent partner's identity if required

11. Liability Limitations: Clear statement of the silent partner's limited liability and extent of financial exposure

12. Dispute Resolution: Process for resolving disagreements, including mediation and arbitration procedures

13. General Provisions: Standard clauses including governing law, notices, amendments, and entire agreement provisions

Optional Sections

1. Non-Compete Clause: Restrictions on the silent partner's involvement in competing businesses, used when the silent partner has industry expertise or connections

2. Exit Strategy: Detailed procedures for the silent partner to sell their interest or exit the partnership, important for larger investments

3. Tag-Along Rights: Rights of the silent partner to join in the sale if the active partner sells their interest, useful in larger business arrangements

4. Death or Incapacity: Provisions dealing with succession in case of death or incapacity of any partner, important for long-term arrangements

5. Additional Capital Calls: Procedures for requesting additional capital and consequences of non-contribution, relevant for businesses anticipating growth

6. Insurance Requirements: Obligations to maintain specific insurance coverage, important for high-risk businesses

7. Intellectual Property Rights: Provisions regarding ownership and use of IP, essential for technology or creative businesses

Suggested Schedules

1. Schedule A - Capital Contribution Details: Detailed breakdown of the silent partner's investment, including any assets contributed in kind

2. Schedule B - Profit Sharing Formula: Detailed calculations and examples of how profits and losses will be distributed

3. Schedule C - Business Plan: Overview of the business operations and projected financials (if relevant)

4. Schedule D - Financial Reporting Template: Format and requirements for regular financial reports to the silent partner

5. Appendix 1 - Due Diligence Documents: List of documents reviewed by the silent partner before entering the agreement

6. Appendix 2 - Compliance Certificates: Copies of relevant business licenses and regulatory compliance documents

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

Retail

Technology

Manufacturing

Real Estate

Hospitality

Professional Services

Agriculture

Mining

Construction

Healthcare

Entertainment

E-commerce

Financial Services

Transport and Logistics

Energy

Relevant Teams

Legal

Finance

Corporate Development

Investment

Compliance

Risk Management

Executive Leadership

Business Development

Corporate Governance

Treasury

Relevant Roles

Business Owner

Managing Director

Chief Executive Officer

Chief Financial Officer

Investment Manager

Private Equity Manager

Corporate Lawyer

Legal Counsel

Business Development Manager

Finance Director

Company Secretary

Investment Analyst

Partnership Manager

Wealth Manager

Business Advisor

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Common Agreement

A standard contractual framework under South African law that establishes fundamental terms and conditions for business relationships.

find out more

Bilateral Contract

A South African law-compliant bilateral contract establishing mutual obligations between two parties with enforceable terms and conditions.

find out more

Basic Ordering Agreement

A South African law-governed framework agreement establishing terms and conditions for future orders between parties.

find out more

Consignment Agreement Form

A South African legal document establishing terms for consignment sales arrangements, where goods ownership remains with the supplier until final sale.

find out more

Contract Agreement Form

A versatile Contract Agreement Form template compliant with South African law, suitable for various commercial relationships and business arrangements.

find out more

Written Agreement

A formal legal document governed by South African law that establishes contractual relationships between parties, defining their rights and obligations.

find out more

Side Agreement

A South African law-governed supplementary agreement that modifies or adds to an existing main agreement while maintaining its core structure.

find out more

Incorporation Agreement

A South African law-governed agreement establishing a new company's structure, governance, and shareholder relationships under the Companies Act 71 of 2008.

find out more

Formal Agreement

A legally binding agreement governed by South African law that formalizes relationships between parties, ensuring compliance with local legislation and establishing clear terms and obligations.

find out more

Casual Worker Contract

A South African-compliant casual worker employment contract establishing terms and conditions for temporary employment relationships.

find out more

Business Transfer Agreement

A South African law-governed agreement for the transfer of a business as a going concern, including assets, employees, and liabilities.

find out more

Boilerplate Agreement

A standard agreement template compliant with South African law, providing essential contractual framework for business relationships.

find out more

Amended Contract

A South African law-governed document that formally modifies terms and conditions of an existing contract while maintaining its validity.

find out more

Tooling Agreement

A South African law-governed agreement establishing terms for industrial tool design, manufacture, supply, and maintenance, compliant with local manufacturing and safety regulations.

find out more

Service Agreement Terms And Conditions

South African service agreement terms and conditions document establishing the legal framework for service provision between providers and clients.

find out more

Representation Agreement

A South African law-governed agreement establishing the terms and conditions under which a Representative may act on behalf of a Principal.

find out more

Common Terms Agreement

A master agreement under South African law that establishes common terms across multiple facility agreements in syndicated lending arrangements.

find out more

Buyer Agency Agreement

A South African legal agreement establishing an estate agent's authority to represent a buyer in property transactions, governed by local real estate laws.

find out more

Labour Contract Copy

A South African employment agreement establishing terms and conditions of employment in compliance with local labor laws.

find out more

Employee Agreement Form

A South African law-compliant employment agreement establishing terms and conditions between employer and employee.

find out more

Statement Of Agreement

A formal document under South African law recording mutual understanding and agreed terms between parties, serving as a binding record of arrangements and commitments.

find out more

Rent In Exchange For Services Agreement

A South African law-governed agreement establishing terms for accommodation provided in exchange for specified services.

find out more

Contractual Agreement

A legally binding Contractual Agreement template compliant with South African law and commercial practices.

find out more

Security Agreement Form

A South African law-governed agreement creating security interests over assets, detailing the security arrangements and enforcement rights between a security provider and secured party.

find out more

Business Cooperation Agreement

A South African law-governed agreement establishing terms and conditions for business collaboration between multiple parties.

find out more

Terms Of Business Agreement

A South African law-governed agreement establishing core business terms and conditions between service providers and clients.

find out more

Contract Of Indemnity And Guarantee

A South African law-governed agreement establishing guarantee and indemnity obligations, defining terms for financial security and risk mitigation between parties.

find out more

Intent To Purchase Agreement

A South African legal document expressing formal intention to purchase property or assets, outlining preliminary terms and conditions for the proposed transaction.

find out more

Professional Services Retainer Agreement

A South African law-governed agreement establishing terms for ongoing professional services delivery under a retainer arrangement.

find out more

Supply Contract Form

A South African law-governed agreement establishing terms and conditions for the regular supply of goods or services between supplier and purchaser.

find out more

Business Contract

South African business contract template incorporating key legislative requirements and commercial terms for business-to-business relationships.

find out more

Umbrella Agreement

A South African law-governed master agreement establishing framework terms for future specific agreements between parties.

find out more

Share Purchase Agreement

A South African law-governed agreement documenting the terms and conditions for the sale and purchase of shares in a company.

find out more

Professional Services Contract

A South African law-governed agreement establishing terms and conditions for professional services delivery between a service provider and client.

find out more

Consulting Services Agreement

South African law-governed agreement establishing terms and conditions for consulting services provision, including scope, payments, and compliance requirements.

find out more

Buyer Representation Agreement

A South African law-compliant agreement establishing professional representation between a property buyer and real estate agent, outlining services, duties, and compensation terms.

find out more

Master Service Agreement

A South African law-governed framework agreement establishing core terms for ongoing service delivery relationships between service providers and clients.

find out more

Yearly Contract Agreement

A one-year contractual agreement compliant with South African law, establishing terms, conditions, and obligations between parties.

find out more

White Label Agreement

A South African law-governed agreement enabling one party to rebrand and market another party's products/services under their own brand, with defined terms for licensing, operations, and compliance.

find out more

Website Development Agreement

A South African law-governed agreement establishing terms and conditions for website development services, including scope, specifications, rights, and payment terms.

find out more

Volunteer Contract

A South African law-compliant agreement establishing the terms and conditions of a volunteer relationship between an organization and an individual volunteer.

find out more

Voluntary Service Agreement

A South African law-compliant agreement establishing the terms and conditions between an organization and a volunteer, defining responsibilities and protections for both parties.

find out more

Virtual Assistant Contract

South African law-compliant contract template for engaging virtual assistants, covering service terms, data protection, and contractor status.

find out more

Vendor Services Agreement

A South African law-governed agreement establishing terms and conditions for vendor-provided services, incorporating local regulatory requirements including POPIA and B-BBEE.

find out more

Vendor Contract

A South African law-governed agreement establishing terms and conditions between a business and its vendor/supplier.

find out more

Vending Machine Agreement

A South African law-governed agreement for the placement and operation of vending machines on specified premises, including operational terms and revenue sharing arrangements.

find out more

Trust Contract

A South African legal document establishing a trust, defining asset management and distribution rules under the Trust Property Control Act.

find out more

Tripartite Contract

A South African law-governed agreement establishing rights and obligations between three parties in a single contractual framework.

find out more

Transportation Contract

A South African law-governed agreement establishing terms and conditions for transportation services, including operational requirements and regulatory compliance.

find out more

Trading Agreement

A South African law-governed agreement establishing terms and conditions for commercial trading relationships between parties, including key operational and compliance requirements.

find out more

Trade Contract

A South African law-governed agreement establishing terms and conditions for commercial trading relationships between parties, incorporating local regulatory requirements and trade provisions.

find out more

Tender Agreement

A South African law-governed agreement establishing terms and conditions for participation in a formal tender process, incorporating local procurement regulations and B-BBEE requirements.

find out more

Simple Contractor Agreement

A South African law-governed agreement establishing terms and conditions between a company and an independent contractor, defining service scope and relationship parameters.

find out more

Teaming Agreement

A South African law-governed agreement establishing collaboration terms between multiple entities for specific business opportunities.

find out more

Syndicated Loan Agreement

South African law-governed agreement documenting terms of a loan provided by multiple lenders to a borrower, including facility terms, security arrangements, and regulatory compliance requirements.

find out more

Suretyship Agreement

A South African law-governed agreement where a surety guarantees the debt or obligations of a principal debtor to a creditor.

find out more

Support Contract

A South African law-governed agreement establishing terms for support services provision, including service levels, performance metrics, and compliance requirements.

find out more

Support Agreement

A South African law-governed agreement defining terms and conditions for support services provision, including service levels, responsibilities, and compliance requirements.

find out more

Supplier Agreement

A South African law-governed agreement establishing terms and conditions between a supplier and customer for the provision of goods or services.

find out more

Supplemental Agreement

A South African law-governed document that modifies or adds to an existing agreement while maintaining the original contract's validity.

find out more

Subscription Contract

South African subscription contract template for recurring services/products, compliant with local consumer protection and data privacy laws.

find out more

Sublease Agreement

A South African law-compliant agreement where an existing tenant subleases property to another party, establishing terms and conditions within the framework of local property law.

find out more

Simple Construction Contract

A straightforward construction agreement for use in South Africa, covering essential terms and compliance requirements for building projects.

find out more

Subcontractor Agreement

South African law-governed agreement between contractor and subcontractor defining work terms, obligations, and compliance requirements.

find out more

Strategic Partnership Agreement

A South African law-governed agreement establishing strategic partnerships between organizations, defining collaboration terms and ensuring regulatory compliance.

find out more

Strategic Alliance Agreement

A South African law-governed agreement establishing strategic collaboration between independent entities, defining terms for cooperation and compliance with local regulations.

find out more

Storage Agreement

A South African law-governed agreement establishing terms and conditions for storage services between a facility provider and customer.

find out more

Simple Commercial Lease Agreement

A South African law-governed agreement establishing terms and conditions for commercial property leasing between landlord and tenant.

find out more

Silent Partner Agreement

A South African law-governed agreement establishing terms between an active business partner and a silent investor, defining investment, profit-sharing, and liability arrangements.

find out more

Stock Option Agreement

A South African law-governed agreement setting out terms for granting company stock options to employees or contractors, including vesting, exercise, and transfer conditions.

find out more

Share Transfer Agreement

A South African law-governed agreement that documents the transfer of shares between parties, including terms, conditions, and regulatory compliance requirements.

find out more

Software Maintenance Agreement

South African law-governed agreement establishing terms for software maintenance services, including service levels, obligations, and compliance with local regulations.

find out more

Share Pledge Agreement

A South African law-governed agreement establishing a security interest over shares as collateral for an obligation or debt.

find out more

Share Option Agreement

A South African-compliant agreement granting rights to purchase company shares at preset terms, subject to local company and tax laws.

find out more

Service Provider Contract

A South African law-governed agreement establishing terms for service provision between a service provider and client.

find out more

Software Development Contract

A South African law-governed agreement establishing terms and conditions for software development services, including project scope, deliverables, and compliance requirements.

find out more

Standard Independent Contractor Agreement

A South African law-governed agreement establishing an independent contractor relationship between a company and a service provider.

find out more

Service Provider Agreement

A South African law-governed agreement establishing terms and conditions between a service provider and client for the provision of professional services.

find out more

Software As A Service Agreement

South African-law governed agreement for cloud-based software service provision, incorporating local data protection and electronic communications requirements.

find out more

Social Media Management Contract

A South African law-governed agreement for professional social media management services, addressing service scope, deliverables, and compliance requirements.

find out more

Standard Contract

A versatile Standard Contract template compliant with South African law, suitable for various business relationships and commercial arrangements.

find out more

Simple Real Estate Contract

A legally compliant South African real estate sale agreement for straightforward property transactions, incorporating essential elements required by local property law.

find out more

Sponsorship Contract

A South African law-governed agreement establishing terms and conditions for sponsorship arrangements between sponsors and sponsored entities.

find out more

Sponsorship Agreement

A South African law-governed agreement establishing sponsorship terms, rights, and obligations between sponsor and sponsored party.

find out more

Software Reseller Agreement

A South African law-governed agreement authorizing a reseller to distribute and sell specified software products, defining the commercial relationship between supplier and reseller.

find out more

Service Contract

A South African law-governed agreement establishing terms and conditions for service provision between a Service Provider and Client.

find out more

Service Agreement Contract

A South African law-governed agreement establishing terms and conditions for professional service delivery between a service provider and client.

find out more

Service Agreement

A South African law-governed agreement establishing terms and conditions between a service provider and client for the provision of specified services.

find out more

Secondment Contract

A South African law-governed agreement facilitating the temporary transfer of an employee between organizations while maintaining their original employment relationship.

find out more

Schedule Agreement

A South African law-governed framework agreement that establishes master terms with flexible implementation through attached schedules.

find out more

Sales Contract

A legally binding agreement under South African law documenting the terms and conditions of a sale transaction between a seller and buyer.

find out more

Sale And Agreement To Sell

A South African law-governed agreement establishing terms and conditions for sale of goods or property between seller and purchaser.

find out more

Sale And Agreement To Sale

A South African legal document governing the transfer of ownership and terms of sale between parties, compliant with local commercial law requirements.

find out more

Roommate Agreement

A South African law-compliant agreement establishing rights and responsibilities between individuals sharing living accommodation.

find out more

Retainer Agreement

A South African law-governed agreement establishing ongoing professional services relationship with regular fee arrangements.

find out more

Residential Service Contract

South African residential service agreement template compliant with local consumer protection and housing laws.

find out more

Room Rental Agreement

South African legal agreement for room rental, establishing terms between landlord and tenant under local housing laws.

find out more

Reseller Agreement

A South African law-governed agreement establishing terms and conditions for product resale between a supplier and reseller, including regulatory compliance requirements.

find out more

Revenue Share Agreement

A South African law-governed agreement establishing terms for revenue sharing between parties, including calculation methods, payment terms, and compliance requirements.

find out more

Retention Bonus Agreement

A South African law-governed agreement specifying terms for payment of a retention bonus to key employees in exchange for continued employment.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.