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Assignment Of Management Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Assignment Of Management Agreement

"I need an Assignment of Management Agreement under Hong Kong law to transfer management services for a portfolio of three commercial buildings from ABC Management Limited to XYZ Property Services, with the transition to be completed by March 1, 2025, including provisions for the transfer of 25 operational staff."

Document background
An Assignment Of Management Agreement is utilized when there is a need to transfer the rights and responsibilities of an existing property management contract from one service provider to another in Hong Kong. This document is essential in scenarios such as corporate restructuring, acquisition of management businesses, or when a client wishes to change service providers while maintaining the same contractual terms. The agreement must comply with Hong Kong's Property Management Services Ordinance and related regulations, ensuring proper licensing and regulatory compliance. It typically includes detailed provisions for the transition of services, transfer of records and operational documents, employee matters, and ongoing obligations. The document is crucial for maintaining continuity of property management services while protecting the interests of all parties involved.
Suggested Sections

1. Parties: Identifies the Assignor (current manager), Assignee (new manager), and Client (property owner/management company)

2. Background: Recitals explaining the original management agreement, the intent to assign, and confirmation of client consent

3. Definitions: Defines key terms including Original Agreement, Effective Date, Assigned Rights, and other relevant terms

4. Assignment: Core clause detailing the assignment of rights and obligations from Assignor to Assignee

5. Effective Date and Conditions Precedent: Specifies when the assignment takes effect and any conditions that must be met

6. Assignor's Obligations: Details the Assignor's continuing obligations and warranties regarding the agreement being assigned

7. Assignee's Obligations: Specifies the Assignee's undertakings to perform the management services and comply with the original agreement

8. Client Acknowledgment: Confirmation of the Client's consent and any specific requirements or conditions

9. Handover and Transition: Procedures for transferring responsibilities, documents, and operational control

10. Representations and Warranties: Standard representations from all parties regarding authority and capacity to enter into the assignment

11. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes

12. Execution: Signature blocks for all parties

Optional Sections

1. Employee Transfer: Required when the assignment involves transfer of employees from Assignor to Assignee

2. Intellectual Property: Needed when specific IP rights are involved in the management services

3. Data Protection: Required when personal data processing is a significant aspect of the management services

4. Non-Competition: Optional restrictions on the Assignor's future activities

5. Outstanding Fees: Required when there are provisions for handling accrued but unpaid management fees

6. Third Party Consents: Required when additional third party approvals are needed beyond the main parties

7. Insurance: Required when specific insurance arrangements need to be transferred or maintained

Suggested Schedules

1. Original Management Agreement: Copy of the management agreement being assigned

2. Property Details: Description of the property/properties covered by the management agreement

3. Assigned Contracts: List of third-party contracts being assigned or novated

4. Employee Information: Details of any employees being transferred (if applicable)

5. Handover Checklist: List of documents, keys, permits, and other items to be transferred

6. Outstanding Matters: List of ongoing projects, disputes, or matters requiring attention

7. Client Consent: Formal written consent from the Client authorizing the assignment

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

Relevant legal definitions



































Clauses






























Relevant Industries

Real Estate

Property Management

Facilities Management

Commercial Property

Residential Property

Retail Property

Industrial Property

Hospitality

Mixed-use Development

Shopping Centers

Office Buildings

Relevant Teams

Legal

Operations

Property Management

Facilities Management

Compliance

Risk Management

Asset Management

Business Development

Property Services

Contract Administration

Human Resources

Relevant Roles

Property Manager

Facility Manager

Operations Director

Legal Counsel

Contract Manager

Business Development Manager

Asset Manager

Property Services Director

Compliance Officer

Risk Manager

Real Estate Manager

General Manager

Managing Director

Chief Operating Officer

Building 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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