Management And Administrative Services Agreement

Management And Administrative Services Agreement Template for England and Wales

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Key Requirements PROMPT example:

"I need a Management and Administrative Services Agreement for my UK tech company to provide IT management services to a German manufacturer, including data processing terms and specific provisions for cross-border service delivery, starting from March 2025."

Document background

The Management and Administrative Services Agreement is essential for businesses seeking to formalize arrangements for outsourced management and administrative functions. This agreement, governed by English and Welsh law, is commonly used when companies require external expertise or want to streamline operations through professional service providers. It covers crucial aspects such as service delivery, performance metrics, compensation, and risk allocation, while ensuring compliance with UK regulatory requirements. The document is particularly relevant for both intra-group arrangements and third-party service provisions, offering flexibility to accommodate various business needs while maintaining legal certainty.

Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Defined terms used throughout the agreement

4. Services: Detailed description of management and administrative services to be provided

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

6. Fees and Payment: Compensation structure and payment terms

7. Service Standards: Performance standards and quality requirements

8. Confidentiality: Protection of confidential information

9. Liability and Indemnification: Risk allocation between parties

10. Data Protection: Compliance with UK GDPR and Data Protection Act 2018

11. Intellectual Property: Ownership and usage rights of IP created during service provision

12. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Change Control: Procedures for making changes to services - recommended for complex or long-term service arrangements

2. Force Majeure: Provisions for unforeseen circumstances and their handling

3. Non-Compete: Restrictions on competitive activities - relevant when protecting market position is crucial

4. TUPE: Employee transfer provisions - required when service provision may involve transfer of employees

5. Anti-Bribery and Corruption: Compliance with anti-corruption laws - particularly important for international services

6. Environmental Compliance: Environmental standards and commitments - relevant for services with environmental impact

Suggested Schedules

1. Schedule 1 - Services: Detailed breakdown of management and administrative services to be provided

2. Schedule 2 - Fee Schedule: Detailed pricing, payment terms, and fee calculation methodology

3. Schedule 3 - Service Levels: Specific performance metrics, KPIs, and service standards

4. Schedule 4 - Key Personnel: Details of key staff involved in service delivery and their roles

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and requirements

6. Schedule 6 - Insurance Requirements: Required insurance coverage details and minimum levels

7. Schedule 7 - Exit Management: Procedures and requirements for service termination and transition

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Professional Services
Real Estate
Financial Services
Technology
Healthcare
Manufacturing

Relevant Teams

Legal
Operations
Finance
Procurement
Compliance
Human Resources

Relevant Roles

Chief Executive Officer
Chief Operating Officer
Chief Financial Officer
Operations Director
Legal Counsel
Commercial Director
Procurement Manager

Industries

Companies Act 2006: Primary legislation governing company operations, director duties, and corporate governance in the UK

Partnership Act 1890: Fundamental legislation governing traditional partnerships and their operations in England and Wales

Limited Liability Partnerships Act 2000: Legislation governing the formation and operation of LLPs in the UK

Employment Rights Act 1996: Core employment legislation establishing basic employment rights and protections

National Minimum Wage Act 1998: Legislation ensuring minimum pay requirements for workers

Working Time Regulations 1998: Regulations governing working hours, rest periods, and annual leave entitlements

Equality Act 2010: Comprehensive legislation protecting against discrimination and promoting equality in the workplace

TUPE Regulations 2006: Regulations protecting employees' rights when business ownership changes

UK General Data Protection Regulation: Post-Brexit data protection framework governing personal data processing in the UK

Data Protection Act 2018: UK's implementation of data protection standards, complementing UK GDPR

Privacy and Electronic Communications Regulations: Regulations governing electronic communications, marketing, and privacy

Financial Services and Markets Act 2000: Primary legislation regulating financial services and markets in the UK

Money Laundering Regulations 2017: Regulations preventing money laundering and terrorist financing

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts and limiting exclusion clauses

Consumer Rights Act 2015: Legislation protecting consumer rights and regulating business-to-consumer contracts

Health and Safety at Work Act 1974: Primary legislation ensuring workplace health and safety standards

Trade Marks Act 1994: Legislation governing trademark protection and registration

Value Added Tax Act 1994: Legislation governing VAT obligations and procedures

Income Tax Act 2007: Core legislation governing income tax obligations and procedures

Corporation Tax Act 2010: Legislation governing corporate taxation in the UK

IR35 Legislation: Tax legislation addressing off-payroll working rules and contractor arrangements

Competition Act 1998: Legislation preventing anti-competitive behavior and promoting fair competition

Enterprise Act 2002: Legislation addressing competition law, insolvency, and corporate governance

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Authors

Alex Denne

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