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Operating Management Agreement for Belgium

Operating Management Agreement Template for Belgium

A comprehensive legal agreement governed by Belgian law that establishes the terms and conditions under which a management service provider will operate and manage specific aspects or the entirety of a business operation. This document outlines management responsibilities, authority levels, performance metrics, compensation structures, and reporting requirements while ensuring compliance with Belgian corporate governance standards and regulatory requirements. It includes detailed provisions for operational control, decision-making processes, risk management, and termination conditions, all within the framework of Belgian civil and commercial law.

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What is a Operating Management Agreement?

The Operating Management Agreement is a critical document used when a company wishes to delegate operational management responsibilities to professional managers or a management company under Belgian law. This arrangement is common in situations involving business restructuring, professional management services, or when specialized expertise is needed for business operations. The agreement provides a comprehensive framework for management authority, operational control, performance standards, and accountability measures while ensuring compliance with Belgian corporate governance requirements. It typically includes detailed provisions for decision-making powers, reporting obligations, compensation structures, and risk management protocols. This document is particularly relevant for businesses seeking professional management services while maintaining clear governance structures and operational efficiency within the Belgian legal framework.

What sections should be included in a Operating Management Agreement?

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Appointment and Scope: Terms of appointment and scope of management services

5. Duration and Term: Period of the agreement and renewal provisions

6. Management Obligations and Responsibilities: Detailed description of management duties and service levels

7. Authority and Limitations: Scope of management authority and decision-making powers

8. Fees and Payment Terms: Management fees, payment schedule, and related financial terms

9. Reporting and Performance Monitoring: Required reports, KPIs, and performance assessment procedures

10. Compliance and Regulatory Requirements: Obligations regarding laws, regulations, and corporate governance

11. Confidentiality: Protection and handling of confidential information

12. Personnel and Resources: Staffing requirements and resource allocation

13. Liability and Indemnification: Liability limitations and indemnification provisions

14. Termination: Grounds for termination and termination procedures

15. Post-Termination Obligations: Obligations and responsibilities after agreement ends

16. Dispute Resolution: Procedures for resolving disputes

17. General Provisions: Standard boilerplate clauses including notices, amendments, etc.

What sections are optional to include in a Operating Management Agreement?

1. Intellectual Property Rights: Include when management services involve creation or use of IP

2. Non-Competition and Non-Solicitation: Include when protection against competition is required

3. Insurance Requirements: Include when specific insurance coverage needs to be maintained

4. Data Protection: Include when personal data processing is involved

5. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

6. Anti-Corruption and Compliance: Include for international operations or high-risk sectors

7. Environmental Compliance: Include when environmental regulations are relevant

8. Change of Control: Include when stability of ownership is important

What schedules should be included in a Operating Management Agreement?

1. Schedule 1 - Scope of Services: Detailed description of management services to be provided

2. Schedule 2 - Fee Structure: Detailed breakdown of fees, expenses, and payment terms

3. Schedule 3 - Key Performance Indicators: Specific performance metrics and targets

4. Schedule 4 - Reporting Requirements: Format and frequency of required reports

5. Schedule 5 - Key Personnel: List of key management personnel and their roles

6. Schedule 6 - Operating Procedures: Detailed operational procedures and protocols

7. Schedule 7 - Compliance Requirements: Specific regulatory and compliance obligations

8. Appendix A - Power of Attorney: If required, detailed powers granted to management

9. Appendix B - Insurance Requirements: Specific insurance coverage requirements

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

Belgium

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions

















































Clauses








































Relevant Industries

Manufacturing

Hospitality

Real Estate

Retail

Healthcare

Technology

Financial Services

Professional Services

Energy

Transportation and Logistics

Construction

Agriculture

Education

Entertainment and Media

Relevant Teams

Legal

Operations

Finance

Human Resources

Compliance

Risk Management

Corporate Governance

Business Development

Strategy

Administrative

Relevant Roles

Chief Executive Officer

Managing Director

Operations Director

General Manager

Chief Financial Officer

Chief Operating Officer

Business Unit Manager

Facility Manager

Project Manager

Corporate Counsel

Legal Director

Compliance Officer

Risk Manager

Business Development Manager

Human Resources Director

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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