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Management Agreement for Switzerland

Management Agreement Template for Switzerland

A comprehensive legal document governed by Swiss law that establishes and regulates the relationship between a management service provider and a client company. The agreement details the scope of management services, responsibilities, compensation structure, reporting requirements, and compliance obligations under Swiss legislation, particularly the Swiss Code of Obligations. It includes provisions for corporate governance, confidentiality, data protection, and specific performance standards while ensuring alignment with Swiss regulatory requirements and business practices.

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What is a Management Agreement?

The Management Agreement is essential for organizations seeking to formalize management service arrangements under Swiss law. This document is typically used when a company requires external management expertise, restructuring services, or specialized management functions. The agreement comprehensively outlines the scope of services, performance expectations, compensation structures, and compliance requirements while adhering to Swiss legal frameworks, particularly the Swiss Code of Obligations and relevant financial regulations. It's crucial for establishing clear governance structures, defining reporting lines, and ensuring proper risk management in management service relationships. The document becomes particularly important in scenarios involving cross-border management services, group company arrangements, or when specific industry regulations must be considered.

What sections should be included in a Management Agreement?

1. Parties: Identification of the contracting parties - the company and the management provider

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope of Services: Details of the management appointment and comprehensive list of services to be provided

5. Term and Termination: Duration of the agreement and conditions for termination

6. Duties and Responsibilities: Specific obligations of the management provider and the company

7. Compensation and Payment Terms: Management fees, payment schedule, and expense reimbursement

8. Reporting Requirements: Regular reporting obligations and documentation requirements

9. Confidentiality: Provisions for handling confidential information

10. Intellectual Property Rights: Ownership and usage rights of IP created during the management relationship

11. Data Protection: Compliance with Swiss data protection laws and data handling procedures

12. Liability and Indemnification: Extent of liability and indemnification obligations

13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

14. Miscellaneous: Standard provisions including severability, entire agreement, and amendments

What sections are optional to include in a Management Agreement?

1. Non-Competition: Restrictions on competitive activities, used when protecting business interests is crucial

2. Insurance: Insurance requirements, included when specific coverage is needed for the services

3. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements

4. Compliance with Industry Regulations: Specific regulatory compliance requirements, needed for regulated sectors

5. Key Performance Indicators: Performance metrics and evaluation criteria, used when specific performance standards are required

6. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, included when relevant to the business model

7. Change Control: Procedures for managing changes to services or terms, useful in complex management relationships

8. Dispute Resolution: Alternative dispute resolution procedures, optional when parties prefer specific resolution methods

What schedules should be included in a Management Agreement?

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

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

3. Schedule 3 - Key Personnel: List of key management team members and their roles

4. Schedule 4 - Service Levels: Specific performance metrics and service level requirements

5. Schedule 5 - Reporting Templates: Standard formats for required reports and documentation

6. Appendix A - Power of Attorney: If required, formal authorization of management powers

7. Appendix B - Compliance Requirements: Specific regulatory and compliance obligations

8. Appendix C - Insurance Requirements: Detailed insurance coverage requirements and minimums

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

Switzerland

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions

































Clauses





































Relevant Industries

Financial Services

Corporate Services

Professional Services

Investment Management

Real Estate

Healthcare

Technology

Manufacturing

Hospitality

Retail

Asset Management

Family Office Services

Private Equity

Construction

Energy

Relevant Teams

Legal

Compliance

Corporate Governance

Executive Management

Operations

Finance

Risk Management

Human Resources

Corporate Services

Business Development

Project Management

Administrative Services

Relevant Roles

Chief Executive Officer

Managing Director

Chief Financial Officer

Chief Operating Officer

General Counsel

Legal Director

Corporate Secretary

Head of Compliance

Operations Manager

Project Manager

Business Development Manager

Risk Manager

Regional Manager

Country Manager

Portfolio Manager

Asset Manager

Management Consultant

Board Member

Executive Director

Department 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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