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Management Agreement for Austria

Management Agreement Template for Austria

A comprehensive legal document governed by Austrian law that establishes the terms and conditions of a management position within a company. This agreement outlines the rights, responsibilities, compensation, and obligations of both the manager and the company, ensuring compliance with Austrian corporate law, employment regulations, and data protection requirements. It addresses key aspects such as appointment terms, duties, remuneration, benefits, termination provisions, and post-termination obligations, while incorporating specific Austrian legal requirements and business practices.

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Management Agreement

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What is a Management Agreement?

The Management Agreement serves as a critical legal framework for appointing and regulating the relationship between a company and its senior management in Austria. It is primarily used when appointing managing directors (Geschäftsführer), board members, or senior executives, ensuring compliance with Austrian corporate law, employment regulations, and EU directives. The document typically includes comprehensive provisions on management duties, authority limits, compensation structures, and protection of company interests. This agreement is essential for companies operating under Austrian jurisdiction, as it must reflect specific local legal requirements while establishing clear governance structures and risk management frameworks. The Management Agreement also needs to address particular aspects of Austrian employment law, social security regulations, and tax implications, making it distinct from similar agreements in other jurisdictions.

What sections should be included in a Management Agreement?

1. Parties: Identification of the company and the manager, including full legal names and addresses

2. Background: Context of the appointment and brief description of the company's business

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Formal appointment of the manager, position title, and duration of the agreement

5. Duties and Responsibilities: Detailed description of the manager's role, authority, and reporting obligations

6. Time Commitment: Expected working hours and availability requirements

7. Remuneration: Base salary, bonuses, and other financial benefits

8. Benefits and Expenses: Additional benefits, expense reimbursement policies, and insurance coverage

9. Location and Travel: Primary work location and travel requirements

10. Compliance and Governance: Obligation to comply with company policies, regulations, and corporate governance requirements

11. Confidentiality: Protection of company confidential information and trade secrets

12. Data Protection: GDPR compliance and data processing obligations

13. Intellectual Property: Ownership and protection of IP created during the management role

14. Termination: Grounds for termination, notice periods, and consequences of termination

15. Post-Termination Obligations: Continuing obligations after the agreement ends

16. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction

What sections are optional to include in a Management Agreement?

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

2. Share Options: Terms of any share option or equity participation schemes - include when offering equity incentives

3. Performance Metrics: Specific KPIs and performance evaluation criteria - include when implementing performance-based compensation

4. Board Position: Additional terms for board membership - include when the manager will also serve on the board

5. International Travel: Specific provisions for international assignments - include for roles requiring significant international work

6. Company Car: Terms related to provision of a company vehicle - include when offering this benefit

7. Housing Allowance: Terms of any housing benefits - include for expatriate managers or relocated executives

8. Multiple Company Responsibilities: Terms for managing multiple group companies - include for group-wide responsibilities

What schedules should be included in a Management Agreement?

1. Schedule 1 - Duties and Responsibilities: Detailed list of specific duties, authorities, and responsibilities

2. Schedule 2 - Remuneration Package: Detailed breakdown of all compensation elements and calculation methods

3. Schedule 3 - Benefits Package: Comprehensive list of benefits and associated terms

4. Schedule 4 - Company Policies: Key company policies applicable to the manager

5. Schedule 5 - Performance Criteria: Detailed performance metrics and evaluation methodology

6. Appendix A - Power of Attorney: Formal authorization of manager's authority if required

7. Appendix B - Data Processing Terms: Detailed GDPR-compliant data processing provisions

8. Appendix C - Company Group Structure: Overview of group companies if role involves group responsibilities

Authors

Alex Denne

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

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions


















































Clauses
















































Relevant Industries

Financial Services

Manufacturing

Technology

Retail

Healthcare

Professional Services

Real Estate

Energy

Telecommunications

Construction

Transportation

Media and Entertainment

Hospitality

Education

Pharmaceutical

Relevant Teams

Legal

Human Resources

Corporate Governance

Finance

Executive Office

Compliance

Risk Management

Board Secretariat

Compensation and Benefits

Internal Audit

Relevant Roles

Chief Executive Officer

Managing Director

Chief Financial Officer

Chief Operating Officer

General Manager

Country Manager

Division Head

Regional Director

Executive Vice President

Senior Vice President

Board Member

Department Director

Branch Manager

Operations Director

Business Unit Head

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

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