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50 50 Profit Sharing Agreement for New Zealand

50 50 Profit Sharing Agreement Template for New Zealand

A 50-50 profit sharing agreement is a legally binding document used in New Zealand to establish and govern an equal profit-sharing arrangement between two or more parties. The agreement details how profits are calculated, distributed, and managed, while ensuring compliance with New Zealand's Partnership Act 1908 and relevant commercial legislation. It includes comprehensive provisions for financial reporting, management responsibilities, dispute resolution, and termination procedures, providing a clear framework for parties to collaborate while sharing profits equally.

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What is a 50 50 Profit Sharing Agreement?

This 50-50 Profit Sharing Agreement is designed for use in New Zealand business contexts where parties wish to establish an equal profit-sharing arrangement while maintaining separate legal identities. It is particularly suitable for business partnerships, joint ventures, and collaborative business arrangements where parties contribute equally and expect equal returns. The document complies with New Zealand's Partnership Act 1908, Contract and Commercial Law Act 2017, and relevant tax legislation, providing a comprehensive framework for profit calculation, distribution, financial reporting, and management responsibilities. It includes essential provisions for dispute resolution, termination, and confidentiality, making it suitable for both short-term projects and long-term business relationships where equal profit sharing is desired.

What sections should be included in a 50 50 Profit Sharing Agreement?

1. Parties: Identifies and provides full details of all parties entering into the profit sharing agreement

2. Background: Outlines the context and purpose of the agreement, including the business relationship between the parties

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Term and Commencement: Specifies when the agreement begins and its duration

5. Profit Sharing Structure: Details the 50-50 split arrangement and defines what constitutes 'profit' for the purpose of the agreement

6. Calculation and Distribution of Profits: Specifies how and when profits will be calculated, timing of distributions, and payment methods

7. Financial Records and Reporting: Outlines requirements for maintaining financial records, conducting audits, and regular financial reporting

8. Rights and Obligations: Details the specific rights and responsibilities of each party under the agreement

9. Management and Decision Making: Establishes how business decisions will be made and the management structure

10. Confidentiality: Defines confidential information and obligations regarding its protection

11. Termination: Specifies circumstances under which the agreement can be terminated and the process for termination

12. Dispute Resolution: Outlines the process for resolving any disputes between the parties

13. General Provisions: Includes standard legal clauses such as governing law, notices, and amendment procedures

What sections are optional to include in a 50 50 Profit Sharing Agreement?

1. Intellectual Property: Required when the profit sharing involves products, services, or business methods that include intellectual property

2. Non-Competition: Include when parties want to restrict each other from competing activities

3. Assignment and Succession: Needed when parties want to address the possibility of transferring rights or obligations to third parties

4. Insurance Requirements: Include when specific insurance coverage is required for the business activities

5. Force Majeure: Add when parties want to address circumstances beyond their control that might affect the agreement

6. GST and Tax Provisions: Required when specific tax arrangements or GST handling needs to be detailed

7. Third Party Rights: Include when the agreement might affect or involve rights of parties not directly involved in the agreement

What schedules should be included in a 50 50 Profit Sharing Agreement?

1. Schedule 1 - Calculation Method: Detailed methodology for calculating profit, including allowable expenses and revenue recognition

2. Schedule 2 - Financial Reporting Template: Standard format for regular financial reports and profit calculations

3. Schedule 3 - Business Plan: Overview of the business activities covered by the profit sharing arrangement

4. Schedule 4 - Distribution Schedule: Timing and procedure for profit distributions

5. Appendix A - Initial Capital Contributions: Details of any initial investments or contributions made by the parties

6. Appendix B - Authorized Representatives: List of individuals authorized to make decisions 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

New Zealand

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Professional Services

Technology and Software

Retail

Hospitality

Manufacturing

Construction

Creative Industries

Consulting

Agriculture

Real Estate

Healthcare

Education and Training

E-commerce

Media and Entertainment

Relevant Teams

Legal

Finance

Executive Leadership

Operations

Business Development

Commercial

Accounting

Corporate Governance

Risk Management

Strategic Planning

Relevant Roles

Business Owner

Managing Director

CEO

CFO

Business Development Manager

Finance Manager

Legal Counsel

Commercial Manager

Operations Director

Partner

Entrepreneur

Project Manager

Company Secretary

Financial Controller

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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