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1. Parties: Identification of the business owner/company and the silent partner with full legal details
2. Background: Context of the silent partnership formation and brief description of the business
3. Definitions: Key terms used throughout the agreement including 'Silent Partnership', 'Business', 'Capital Contribution', and 'Profit Share'
4. Formation of Silent Partnership: Declaration of silent partnership formation and its effective date
5. Capital Contribution: Details of the silent partner's contribution amount, payment terms, and form of contribution
6. Profit and Loss Participation: Formula and terms for calculating and distributing profits and losses
7. Information and Inspection Rights: Silent partner's rights to financial information and business records
8. Management and Control: Clarification that management remains with the business owner and scope of silent partner's non-involvement
9. Confidentiality: Obligations regarding business secrets and confidential information
10. Term and Termination: Duration of partnership and conditions for termination
11. Settlement upon Termination: Process and terms for settling the silent partner's account upon termination
12. Governing Law and Jurisdiction: Specification of Austrian law application and jurisdiction for disputes
1. Non-Competition: Restrictions on silent partner's involvement in competing businesses, used when silent partner has access to sensitive business information
2. Transfer Restrictions: Limitations on transferring the silent partnership interest, relevant for maintaining control over partnership composition
3. Death or Incapacity: Provisions for handling silent partner's interest in case of death or incapacity, important for individual silent partners
4. Additional Capital Contributions: Framework for potential future capital increases, useful for growing businesses
5. Tax Provisions: Specific tax handling agreements, relevant when special tax arrangements are needed
6. Dispute Resolution: Alternative dispute resolution procedures, useful for international partnerships or when seeking to avoid court proceedings
1. Schedule 1 - Capital Contribution Details: Detailed breakdown of initial capital contribution, including valuation of any non-cash contributions
2. Schedule 2 - Profit Sharing Formula: Detailed calculation method for profit sharing, including any specific accounting principles to be applied
3. Schedule 3 - Business Plan: Overview of business activities and projections (if relevant to profit expectations)
4. Schedule 4 - Information Rights: Specific reporting requirements and timeframes for financial information
5. Appendix A - Definitions: Extended definitions and interpretations if too lengthy for main agreement
6. Appendix B - Initial Business Valuation: Valuation report or methodology used for establishing business value at partnership formation
Manufacturing
Retail
Technology
Real Estate
Hospitality
Professional Services
Financial Services
Construction
Healthcare
Energy
Agriculture
E-commerce
Entertainment
Transportation
Education
Legal
Finance
Corporate Development
Investment
Tax
Compliance
Business Development
Executive Leadership
Corporate Secretariat
Treasury
Chief Executive Officer
Chief Financial Officer
Managing Director
Finance Director
Legal Counsel
Corporate Lawyer
Investment Manager
Business Development Manager
Financial Controller
Tax Manager
Company Secretary
Private Equity Manager
Investment Advisor
Business Owner
Entrepreneur
Partnership Manager
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