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Profit Sharing Investment Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Profit Sharing Investment Agreement

"I need a Profit Sharing Investment Agreement for a tech startup in Hong Kong where my company will invest HKD 5 million for a 25% profit share, with quarterly distributions and strong investor protection clauses including board representation rights."

Document background
The Profit Sharing Investment Agreement is a crucial document for businesses and investors in Hong Kong seeking to structure investments where returns are tied to business performance rather than fixed interest rates. This agreement type is particularly relevant in Hong Kong's dynamic business environment, where innovative investment structures are common across various industries. It provides a framework for investors to participate in a business's success while offering flexibility in investment terms and profit distribution mechanisms. The document addresses key considerations under Hong Kong law, including securities regulations, companies ordinance requirements, and tax implications. It's commonly used for joint ventures, startup investments, and business expansions where traditional debt or equity financing may not be suitable. The agreement typically includes detailed provisions for profit calculation, distribution schedules, management rights, and investor protections, all aligned with Hong Kong's legal and regulatory framework.
Suggested Sections

1. Parties: Identifies and provides details of all parties to the agreement

2. Background: Provides context for the agreement and summarizes the parties' intentions

3. Definitions and Interpretation: Defines key terms used in the agreement and sets out interpretation rules

4. Investment Terms: Details the investment amount, payment terms, and conditions precedent

5. Profit Sharing Mechanism: Specifies how profits will be calculated and distributed between parties

6. Payment Terms: Sets out the timing, method, and currency of profit share payments

7. Representations and Warranties: Contains statements of fact and assurances from each party

8. Covenants: Details ongoing obligations of both parties during the agreement term

9. Reporting and Information Rights: Specifies financial reporting requirements and information access rights

10. Term and Termination: Sets out the duration of the agreement and circumstances for termination

11. Confidentiality: Governs the treatment of confidential information exchanged between parties

12. Notices: Specifies how formal communications between parties should be made

13. General Provisions: Contains standard boilerplate clauses including governing law, jurisdiction, etc

Optional Sections

1. Tag-Along Rights: Optional provision giving investor right to join in sale of company shares - include if requested by investor

2. Drag-Along Rights: Optional provision allowing majority shareholders to force minority shareholders to join in sale - include for majority investors

3. Anti-Dilution Protection: Protection against dilution of investment - include for significant investments

4. Board Representation: Rights to appoint board members - include for major investments

5. Non-Competition: Restrictions on competitive activities - include if business sensitive

6. Exit Mechanisms: Detailed provisions for investment exit - include for fixed-term investments

7. Dispute Resolution: Specific dispute resolution procedures - include if alternative to court jurisdiction desired

8. Force Majeure: Provisions for unforeseen circumstances - include if long-term agreement

Suggested Schedules

1. Schedule 1 - Investment Details: Detailed breakdown of investment amount, timing, and any conditions

2. Schedule 2 - Profit Calculation Methodology: Detailed formula and examples for profit calculation

3. Schedule 3 - Business Plan: Summary of business plan and financial projections

4. Schedule 4 - Reporting Templates: Templates for required financial and operational reports

5. Schedule 5 - Key Performance Indicators: Specific metrics for measuring business performance

6. Appendix A - Corporate Information: Corporate documents and structure of relevant entities

7. Appendix B - Initial Financial Statements: Base financial statements at time of investment

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

Technology

Real Estate

Manufacturing

Retail

Professional Services

Healthcare

Food and Beverage

E-commerce

Entertainment

Education

Construction

Logistics

Renewable Energy

Relevant Teams

Legal

Finance

Corporate Development

Investment

Compliance

Risk Management

Treasury

Business Development

Corporate Secretarial

Strategic Planning

Relevant Roles

Chief Financial Officer

Investment Manager

Legal Counsel

Business Development Director

Corporate Finance Manager

Investment Analyst

Compliance Officer

Risk Manager

Managing Director

Finance Director

Company Secretary

Investment Director

Portfolio Manager

Treasury Manager

Strategic Planning Director

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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