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Assignment Of Management Agreement for India

Assignment Of Management Agreement Template for India

A legally binding document governed by Indian law that facilitates the transfer of rights, obligations, and responsibilities under an existing Management Agreement from one party (Assignor) to another (Assignee). This document ensures compliance with the Indian Contract Act, 1872, and other relevant legislation while maintaining the continuity of management services for the Original Party. It includes detailed provisions for the transition process, warranties, undertakings, and necessary consents, protecting all parties' interests during and after the assignment.

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Assignment Of Management Agreement

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What is a Assignment Of Management Agreement?

The Assignment Of Management Agreement is a crucial document used when there is a need to transfer existing management responsibilities from one service provider to another in India. This document becomes necessary during corporate restructuring, merger and acquisition activities, or when a management company needs to exit its obligations. The agreement, governed by Indian contract law, ensures a smooth transition of management services while protecting all parties' interests. It details the transfer of rights and obligations, specifies transition procedures, and includes necessary consents and warranties. The document must comply with the Indian Contract Act, 1872, and other relevant legislation, making it essential for businesses operating in various sectors across India.

What sections should be included in a Assignment Of Management Agreement?

1. Parties: Identifies the Assignor (current manager), Assignee (new manager), and the Original Party (the party receiving management services)

2. Background: Details of the original Management Agreement, reason for assignment, and context of the transaction

3. Definitions: Defines key terms used throughout the agreement, including 'Management Agreement', 'Effective Date', 'Assignment Date', etc.

4. Assignment: Core clause transferring rights, obligations, and liabilities under the Management Agreement from Assignor to Assignee

5. Effective Date: Specifies when the assignment takes effect and any conditions precedent

6. Consent and Acknowledgment: Original Party's formal consent to the assignment and acknowledgment of the Assignee as new manager

7. Assignor's Warranties: Warranties regarding the Management Agreement's validity, no prior assignment, and authority to assign

8. Assignee's Undertakings: Commitments by Assignee to perform management obligations and comply with agreement terms

9. Fees and Payments: Handling of management fees, including any accrued amounts and future payments

10. Handover Provisions: Process for transferring responsibilities, documents, and ongoing matters

11. Governing Law and Jurisdiction: Specifies Indian law as governing law and relevant jurisdiction for disputes

12. Notices: Communication procedures between parties

13. Counterparts: Provision for execution in multiple counterparts

What sections are optional to include in a Assignment Of Management Agreement?

1. Original Agreement Amendments: Used when the assignment requires modifications to original agreement terms

2. Transition Services: Include when the Assignor needs to provide temporary support during transition

3. Non-Compete Provisions: Used when restricting Assignor's future management activities is necessary

4. Third Party Consents: Include when additional third-party approvals are required

5. Tax Provisions: Include specific tax handling if significant tax implications exist

6. Indemnification: Additional indemnities beyond standard provisions

7. Parent Company Guarantee: Include when additional security is required from Assignee's parent company

What schedules should be included in a Assignment Of Management Agreement?

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

2. Assets and Resources Schedule: List of any physical or digital assets being transferred

3. Ongoing Projects Schedule: Details of current projects and their status

4. Fee Structure: Detailed breakdown of management fees and payment terms

5. Required Consents: List of all required third-party consents and their status

6. Transition Plan: Detailed timeline and process for management handover

7. Contact Details: Key personnel and contact information for all parties

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

India

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Real Estate Management

Hotel and Hospitality

Corporate Services

Facility Management

Property Development

Asset Management

Infrastructure Management

Healthcare Facility Management

Educational Institution Management

Retail Management

Industrial Facility Management

Relevant Teams

Legal

Operations

Compliance

Finance

Asset Management

Facility Management

Risk Management

Corporate Secretarial

Business Development

Project Management

Relevant Roles

Chief Executive Officer

Managing Director

Operations Director

Legal Counsel

Contract Manager

Facility Manager

Property Manager

Business Development Manager

Compliance Officer

Project Manager

Asset Manager

General Manager

Risk Manager

Company Secretary

Chief Financial Officer

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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