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Management Operating Agreement

Management Operating Agreement Template for Switzerland

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Key Requirements PROMPT example:

Management Operating Agreement

"I need a Management Operating Agreement for my luxury apartment complex in Geneva, with the agreement starting January 2025, including detailed KPIs for occupancy rates and tenant satisfaction, plus specific provisions for sustainable property management practices."

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Document background
The Management Operating Agreement is essential for businesses seeking to delegate operational management to professional service providers while maintaining ownership separation. This document, governed by Swiss law, is commonly used when owners want to benefit from professional management expertise without transferring ownership rights. It comprehensively outlines the scope of management services, performance expectations, fee structures, and reporting requirements. The agreement is particularly valuable for assets requiring specialized operational expertise, such as hotels, healthcare facilities, or commercial properties. The document ensures compliance with Swiss regulatory requirements, including the Swiss Code of Obligations, while providing clear guidelines for both parties regarding their rights, obligations, and the standards of service delivery.
Suggested Sections

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

2. Background: Context of the agreement, including brief description of the business and purpose of the management arrangement

3. Definitions: Defined terms used throughout the agreement

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

5. Term and Termination: Duration of the agreement and termination provisions

6. Management Services: Detailed description of management services and responsibilities

7. Standard of Performance: Required performance standards and quality metrics

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

9. Reporting Requirements: Required reports, frequency, and content requirements

10. Compliance and Regulations: Obligations regarding legal compliance and regulatory requirements

11. Confidentiality: Protection of confidential information and trade secrets

12. Intellectual Property: Ownership and usage rights of IP created during the management period

13. Liability and Indemnification: Allocation of risks and indemnification obligations

14. Insurance: Required insurance coverage and minimum limits

15. General Provisions: Standard legal provisions including notices, amendments, governing law, etc.

Optional Sections

1. Non-Compete and Non-Solicitation: Restrictions on competitive activities and employee solicitation - include when protecting business interests is crucial

2. Force Majeure: Provisions for unforeseen circumstances - particularly relevant in volatile industries or regions

3. Data Protection: Specific data handling requirements - include when processing sensitive or personal data

4. Environmental Compliance: Environmental obligations - include for industries with significant environmental impact

5. Emergency Services: Provisions for emergency situations - include for critical operations

6. Key Personnel: Identification and requirements for key management staff - include when specific expertise is crucial

7. Change of Control: Provisions regarding ownership changes - include when stability is important

8. International Operations: Specific provisions for international operations - include for cross-border services

Suggested Schedules

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

2. Schedule 2 - Fee Structure: Detailed breakdown of management fees, incentives, and payment calculations

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

4. Schedule 4 - Required Reports: List and templates of required operational and financial reports

5. Schedule 5 - Insurance Requirements: Detailed insurance requirements and minimum coverage limits

6. Schedule 6 - Key Personnel: List of key management positions and required qualifications

7. Schedule 7 - Operating Procedures: Standard operating procedures and management protocols

8. Appendix A - Property/Asset Register: List of properties or assets under management

9. Appendix B - Compliance Requirements: Detailed regulatory and compliance requirements

10. Appendix C - Emergency Procedures: Emergency response and business continuity procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






































Clauses










































Relevant Industries

Real Estate

Hospitality

Healthcare

Manufacturing

Retail

Infrastructure

Education

Sports and Entertainment

Logistics

Senior Living

Office Management

Industrial Operations

Asset Management

Facility Management

Property Development

Relevant Teams

Legal

Operations

Compliance

Risk Management

Facility Management

Asset Management

Contract Administration

Business Development

Property Management

Finance

Human Resources

Quality Assurance

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Facility Manager

Property Manager

Operations Director

General Manager

Asset Manager

Managing Director

Business Development Manager

Regional Manager

Contract Manager

Legal Counsel

Compliance Officer

Risk Manager

Operations Manager

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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