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1. Parties: Identification and details of all parties entering into the profit sharing agreement
2. Background: Context of the agreement, relationship between parties, and purpose of the profit sharing arrangement
3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Profits', 'Calculation Period', 'Distribution Date', etc.
4. Profit Sharing Structure: Core terms defining how profits will be calculated and shared between parties
5. Calculation Method: Detailed methodology for calculating distributable profits, including applicable accounting principles
6. Payment Terms: Timing, frequency, and method of profit share payments
7. Accounting and Records: Requirements for maintaining financial records, conducting audits, and providing financial statements
8. Rights and Obligations: Specific rights and obligations of each party regarding the profit sharing arrangement
9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
10. Confidentiality: Provisions protecting confidential information shared during the course of the agreement
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for dispute resolution
12. General Provisions: Standard legal provisions including severability, entire agreement, and amendments
1. Management Participation: Include when profit sharing involves participation in management decisions
2. Employee Profit Sharing Scheme: Include when agreement covers employee profit sharing arrangements
3. Intellectual Property Rights: Include when profit sharing is linked to IP exploitation
4. Non-Competition: Include when parties need to be restricted from competing activities
5. Tax Provisions: Include specific tax handling when arrangement has particular tax implications
6. Transfer Rights: Include when rights to profit shares may be transferable
7. Force Majeure: Include when external factors might affect profit generation
8. Step-In Rights: Include when certain parties have rights to take control in specific circumstances
1. Profit Calculation Formula: Detailed mathematical formula and methodology for calculating profit shares
2. Financial Reporting Template: Standard format for regular financial reporting
3. Initial Financial Statements: Baseline financial information as of agreement date
4. Participating Entities: List of all entities included in the profit sharing arrangement if complex structure
5. Distribution Schedule: Timetable of profit distribution dates and deadlines
6. Accounting Principles: Specific accounting standards and principles to be applied
7. Audit Procedures: Detailed procedures for conducting financial audits
8. Excluded Items: List of items specifically excluded from profit calculations
Financial Services
Professional Services
Technology
Manufacturing
Real Estate
Consulting
Retail
Healthcare
Energy
Construction
Agriculture
Education
Entertainment
Hospitality
Legal
Finance
Human Resources
Accounting
Tax
Compliance
Corporate Development
Operations
Management
Business Development
Partnership Management
Chief Executive Officer
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Human Resources Director
Business Development Manager
Partnership Manager
Financial Controller
Accounting Manager
Tax Manager
Compliance Officer
Managing Partner
Operations Director
Company Secretary
Investment Manager
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