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Profit Sharing Agreement for Indonesia

Profit Sharing Agreement Template for Indonesia

A comprehensive legal document governed by Indonesian law that establishes and regulates the terms and conditions for sharing profits between two or more parties in a business venture. The agreement complies with Indonesian Civil Code requirements and relevant business regulations, including Law No. 40 of 2007 on Limited Liability Companies. It details the profit calculation methodology, distribution mechanisms, parties' rights and obligations, and includes provisions for financial reporting, audit rights, and dispute resolution under Indonesian jurisdiction. The document can be adapted for both conventional and Islamic business arrangements, incorporating relevant Sharia principles where required.

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What is a Profit Sharing Agreement?

The Profit Sharing Agreement is a crucial document used in Indonesian business relationships where two or more parties agree to share profits from a joint business venture or specific project. This document is particularly relevant in Indonesia's diverse business environment, which accommodates both conventional and Islamic business practices. It is commonly used in various contexts including joint ventures, investment partnerships, and business collaborations between local and foreign entities. The agreement must comply with Indonesian regulations, including the Civil Code and Investment Law, while also considering specific sector regulations where applicable. The document typically includes detailed provisions for profit calculation, distribution mechanisms, financial reporting requirements, and audit rights. It's especially important in Indonesia's business landscape where profit sharing arrangements are common in various industries and must often accommodate both local and international business practices.

What sections should be included in a Profit Sharing Agreement?

1. Parties: Identification and details of all parties entering into the profit sharing agreement

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

3. Definitions: Detailed definitions of terms used throughout the agreement, including specific financial and operational terms

4. Scope of Cooperation: Details of the business activities covered under the profit sharing arrangement

5. Rights and Obligations: Specific responsibilities and rights of each party in the business operation

6. Profit Sharing Mechanism: Detailed explanation of how profits will be calculated and distributed

7. Payment Terms: Timing, method, and currency of profit distribution payments

8. Record Keeping and Audit Rights: Requirements for maintaining financial records and rights to audit

9. Representations and Warranties: Standard declarations about capacity to enter agreement and compliance with laws

10. Confidentiality: Provisions for protecting confidential information shared during the business relationship

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Dispute Resolution: Process for resolving disagreements, including jurisdiction and governing law

13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

What sections are optional to include in a Profit Sharing Agreement?

1. Islamic Banking Compliance: Section defining compliance with Sharia principles - include when parties require Islamic banking principles

2. Foreign Investment Provisions: Additional provisions required when foreign entities are involved, including compliance with Indonesian investment laws

3. Intellectual Property Rights: Include when the profit sharing involves use or creation of intellectual property

4. Non-Competition: Restrictions on competing activities - include when parties operate in same industry

5. Force Majeure: Provisions for unforeseen circumstances - particularly relevant in resource-based or manufacturing ventures

6. Insurance Requirements: Include when physical assets or specific risks need to be insured

7. Environmental Compliance: Include when business activities have environmental impacts

8. Labor and Employment: Include when profit sharing affects employee arrangements or requires specific staffing

What schedules should be included in a Profit Sharing Agreement?

1. Profit Calculation Formula: Detailed mathematical formula and examples of profit calculation

2. Business Plan: Projected financials and operational plans

3. Asset Register: List of assets contributed by each party to the venture

4. Key Performance Indicators: Metrics used to measure business performance

5. Required Licenses and Permits: List of regulatory approvals needed for the business

6. Reporting Templates: Standard formats for financial and operational reporting

7. Bank Account Details: Designated accounts for profit distribution

8. Authorized Representatives: List of persons authorized to act on behalf of each party

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

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
















































Clauses












































Relevant Industries

Manufacturing

Agriculture

Mining and Resources

Technology

Retail

Financial Services

Islamic Banking

Real Estate

Construction

Transportation and Logistics

Food and Beverage

Tourism and Hospitality

Energy

Trading and Distribution

Professional Services

Relevant Teams

Legal

Finance

Corporate Development

Business Development

Operations

Compliance

Risk Management

Commercial

Investment

Partnership Management

Executive Leadership

Treasury

Internal Audit

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Finance Director

Business Development Manager

Legal Counsel

Corporate Lawyer

Investment Manager

Partnership Manager

Commercial Director

Managing Director

Operations Director

Compliance Officer

Risk Manager

Financial Controller

Business Owner

Joint Venture Manager

Contract Administrator

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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