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What is a Management Agreement?

A Management Agreement sets out the terms and conditions when one party takes on responsibility for managing another party's business, property, or assets. These contracts are common in Australian commercial real estate, hotels, investment funds, and business operations where professional managers handle day-to-day operations.

The agreement spells out key details like management fees, service scope, performance targets, and reporting requirements. Under Australian contract law, it must clearly define each party's rights and obligations, including how the manager will maintain proper records and comply with relevant regulations. Good agreements also include dispute resolution processes and termination conditions.

When should you use a Management Agreement?

Use a Management Agreement when bringing in professional managers to run parts of your business or handle specific assets. This is especially important for Australian property developers hiring management companies for apartment complexes, business owners delegating operational control, or investment funds engaging external managers to handle portfolios.

The agreement becomes essential before any management handover begins. It protects both parties by clearly defining responsibilities, performance standards, and fee structures. Real estate investors particularly benefit from these agreements when expanding into multiple properties, while hospitality businesses rely on them to maintain consistent service standards across locations.

What are the different types of Management Agreement?

Who should typically use a Management Agreement?

  • Property Owners: Engage management companies to handle their real estate investments, from apartments to commercial buildings
  • Management Companies: Professional firms that take on operational responsibilities and earn fees for their services
  • Corporate Directors: Delegate business operations to experienced managers while maintaining oversight
  • Legal Advisors: Draft and review Management Agreements to ensure compliance with Australian regulations
  • Investment Fund Trustees: Appoint external managers to handle investment portfolios and strategic decisions
  • Industry Regulators: Monitor management arrangements to ensure they meet statutory requirements and protect stakeholder interests

How do you write a Management Agreement?

  • Party Details: Gather full legal names, ABNs, and contact information for all parties involved
  • Scope Definition: List specific services, responsibilities, and performance standards expected
  • Financial Terms: Document management fees, payment schedules, and expense reimbursement policies
  • Timeline Planning: Determine agreement duration, renewal options, and notice periods
  • Risk Assessment: Identify potential issues requiring specific clauses or protections
  • Compliance Check: Review relevant Australian industry regulations and statutory requirements
  • Document Generation: Use our platform to create a legally-sound Management Agreement that includes all essential elements

What should be included in a Management Agreement?

  • Party Identification: Full legal names, ABNs, and registered addresses of all parties
  • Services Scope: Detailed description of management duties, responsibilities, and performance standards
  • Term and Termination: Agreement duration, renewal options, and conditions for ending the relationship
  • Fee Structure: Management fees, payment terms, and expense reimbursement policies
  • Liability Limits: Clear boundaries of responsibility and indemnification provisions
  • Dispute Resolution: Process for handling disagreements under Australian law
  • Confidentiality: Protection of sensitive business information and data handling requirements
  • Execution Block: Proper signature sections for authorized representatives

What's the difference between a Management Agreement and a Consultancy Agreement?

While Management Agreements and Consultancy Agreements may seem similar, they serve distinct purposes in Australian business relationships. The key differences impact their structure, scope, and legal implications.

  • Scope of Control: Management Agreements transfer operational control and decision-making authority, while consultancy agreements typically involve advisory services without direct operational control
  • Duration and Commitment: Management Agreements usually establish longer-term, ongoing relationships with deeper integration into business operations. Consultancy agreements often cover specific projects or limited timeframes
  • Legal Responsibilities: Managers take on fiduciary duties and can bind the business in daily operations. Consultants provide advice but typically cannot make binding decisions
  • Compensation Structure: Management fees often include performance-based components and operational cost coverage. Consultancy fees usually follow fixed rates or project-based pricing

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