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Non Compete Agreement Between Business Partners Template for Singapore

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Key Requirements PROMPT example:

Non Compete Agreement Between Business Partners

"I need a Non Compete Agreement Between Business Partners for my Singapore-based technology consulting firm, restricting partners from competing within Southeast Asia for 2 years after leaving the partnership, with specific focus on protecting our client relationships and proprietary methodologies."

Document background
The Non Compete Agreement Between Business Partners is essential when partners in Singapore wish to protect their business interests from potential competition from each other. This document becomes particularly relevant during business formations, partner exits, or when restructuring existing partnerships. It must comply with Singapore's legal requirements, including the reasonableness test under common law and the legitimate business interest test. The agreement typically includes specific provisions about restricted activities, geographic limitations, duration, and consequences of breach, while ensuring enforceability under Singapore's legal framework.
Suggested Sections

1. Parties: Identification and details of the business partners entering into the agreement

2. Background: Context of the agreement and existing business relationship

3. Definitions: Key terms used tHRoughout the agreement including defined competitive activities, business interests, and territorial scope

4. Scope of Non-Compete: Detailed restrictions on competitive activities, including specific prohibited actions and business areas

5. Duration: Time period for which the non-compete restrictions apply, ensuring reasonableness under Singapore law

6. Geographic Scope: Territorial limitations of the restrictions, defining specific regions or markets covered

7. Consideration: Value exchanged for the non-compete obligations to ensure enforceability

8. Breach and Remedies: Consequences of violating the agreement, including available legal remedies and damage calculations

Optional Sections

1. Confidentiality Obligations: Additional provisions for protecting confidential information and trade secrets during and after the non-compete period

2. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers from the business

3. Assignment Rights: Provisions regarding the ability to transfer or assign rights and obligations under the agreement

4. Severability: Provisions ensuring that if any part of the agreement is found unenforceable, the rest remains valid

Suggested Schedules

1. Schedule A - List of Restricted Activities: Detailed enumeration of specific prohibited competitive activities and business sectors

2. Schedule B - Geographic Territories: Detailed mapping and description of restricted geographic areas and markets

3. Schedule C - Existing Business Interests: Documentation of current business activities, market presence, and protected interests

4. Schedule D - Consideration Details: Specific terms of compensation or value exchange for the non-compete obligations

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




























Industries

Singapore Contract Law: Common Law principles and Contract Act 1872 governing basic contract elements including offer, acceptance, consideration, and intention to create legal relations

Restraint of Trade Doctrine: Common law principle requiring non-compete clauses to be reasonable, protect legitimate business interests, and be appropriately limited in geographic scope, duration, and restricted activities

Competition Act (Cap. 50B): Singapore's primary competition law ensuring agreements don't substantially lessen competition in the market

Partnership Act (Cap. 391): Legislation governing partnership relationships, including fiduciary duties between partners and partnership agreements

Employment Act: Relevant when partners are also employees, requiring clear differentiation between partner and employee obligations

Reasonableness Test: Legal test to ensure non-compete restrictions are reasonable and not excessive

Legitimate Business Interest Test: Legal test to verify that the non-compete agreement protects genuine business interests rather than simply restricting competition

Public Interest Test: Legal test to ensure the agreement doesn't violate public policy or create undue restrictions on trade

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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