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Profit Sharing Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Profit Sharing Agreement

"I need a Profit Sharing Agreement for my Hong Kong-based technology startup, to be executed by March 2025, covering three co-founders with different equity stakes (45%, 35%, and 20%) and including specific provisions for intellectual property and future investor participation."

Document background
The Profit Sharing Agreement is a crucial document for businesses operating in Hong Kong's dynamic commercial environment. It is commonly used when two or more parties wish to formalize arrangements for sharing profits from joint business activities, whether in a new venture, existing business, or specific project. The agreement must comply with Hong Kong's legal framework, including the Companies Ordinance, Partnership Ordinance, and Inland Revenue Ordinance. It typically includes detailed provisions for profit calculation, distribution mechanisms, accounting requirements, and dispute resolution procedures. This document is particularly important in Hong Kong's business landscape, where international partnerships and joint ventures are common, requiring clear documentation of profit-sharing arrangements that can withstand scrutiny from both local and international stakeholders.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including their legal status and registered addresses

2. Background: Context of the agreement, business relationship between parties, and purpose of the profit sharing arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Profits', 'Accounting Period', and 'Distribution Date'

4. Profit Sharing Structure: Core terms detailing the agreed profit split between parties, including percentages or ratios

5. Calculation of Profits: Methodology for calculating distributable profits, including allowable deductions and adjustments

6. Payment Terms: Timing and method of profit distributions, including payment mechanics and currency

7. Accounting and Records: Requirements for maintaining financial records, accounting standards to be followed, and audit rights

8. Representations and Warranties: Standard representations and warranties from each party regarding their capacity and authority

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law

12. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Non-Competition: Restrictions on parties engaging in competing businesses, used when parties are not otherwise bound by non-compete obligations

2. Intellectual Property: IP ownership and licensing provisions, needed when the profit-sharing relates to IP-generating activities

3. Management Rights: Decision-making powers and management responsibilities, relevant for active business partnerships

4. Exit Mechanisms: Procedures for party withdrawal or buy-out options, important for long-term arrangements

5. Tax Provisions: Specific tax handling and allocation between parties, needed for cross-border arrangements

6. Force Majeure: Provisions for handling extraordinary events, particularly relevant in volatile industries

7. Employee Participation: Terms for employee profit-sharing schemes, if applicable to staff incentive programs

Suggested Schedules

1. Schedule 1 - Profit Calculation Methodology: Detailed formula and examples of profit calculations

2. Schedule 2 - Distribution Schedule: Timing and frequency of profit distributions throughout the year

3. Schedule 3 - Accounting Principles: Specific accounting policies and procedures to be followed

4. Schedule 4 - Reporting Template: Standard format for periodic profit reporting

5. Appendix A - Initial Business Plan: If applicable, the initial business plan or profit projections

6. Appendix B - Authorized Representatives: List of authorized representatives for each party with their contact details

7. Appendix C - Tax Treatment Summary: Summary of tax implications and handling procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Financial Services

Professional Services

Technology

Real Estate

Manufacturing

Retail and Consumer

Healthcare

Media and Entertainment

Construction

Trading and Distribution

Hospitality

Education

Consulting

Relevant Teams

Legal

Finance

Accounting

Corporate Development

Business Development

Tax

Compliance

Operations

Strategy

Investment

Partnership Management

Shareholder Relations

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Finance Director

Legal Counsel

Business Development Manager

Partnership Manager

Investment Manager

Company Secretary

Financial Controller

Tax Manager

Compliance Officer

Operations Director

Strategy Director

Joint Venture Manager

Shareholder Relations 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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