Operating Management Agreement

Operating Management Agreement Template for Singapore

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Key Requirements PROMPT example:

"I need an Operating Management Agreement for a new luxury hotel in Singapore's Marina Bay area, with particular emphasis on performance standards and brand compliance, to be effective from March 2025."

Document background

The Operating Management Agreement is essential when property owners seek professional management services for their assets in Singapore. This contract type defines the relationship between the owner and the management company, outlining operational responsibilities, performance metrics, and financial arrangements. It is particularly relevant in Singapore's sophisticated property market, where professional management is often required for complex assets. The agreement must comply with Singapore's regulatory framework, including corporate, employment, and property laws, while addressing specific operational requirements and risk allocation between parties.

Suggested Sections

1. Parties: Identification of all contracting parties, including full legal names and registered addresses

2. Background/Recitals: Context of the agreement, relationship between parties, and purpose of the arrangement

3. Definitions: Key terms used throughout the agreement and their specific meanings

4. Appointment and Scope: Terms of operator's appointment and scope of management services

5. Term and Termination: Duration of agreement and circumstances for termination

6. Operator's Obligations: Detailed responsibilities and duties of the managing operator

7. Owner's Obligations: Responsibilities and commitments of the property owner

8. Fees and Payment Terms: Management fees, structure, payment schedule, and related financial terms

9. Standard of Performance: Performance metrics and expected service standards

10. Governing Law: Specification of Singapore law as governing law

Optional Sections

1. Non-Compete: Restrictions on competitive activities between parties and market protection provisions

2. Force Majeure: Provisions for handling unforeseen circumstances and events beyond parties' control

3. Environmental Compliance: Environmental obligations, standards and compliance requirements

4. Insurance: Insurance requirements, coverage obligations and related provisions

5. Data Protection: PDPA compliance requirements and data handling procedures

Suggested Schedules

1. Property Details: Detailed description of the managed property including location, facilities and specifications

2. Services Schedule: Detailed scope of management services and operational responsibilities

3. Fee Schedule: Detailed breakdown of all fees, charges and payment structures

4. Performance Metrics: KPIs and performance measurement criteria for operator evaluation

5. Operating Standards: Detailed operational procedures, standards and quality requirements

6. Employee Handbook: Staff policies, procedures and employment guidelines

7. Emergency Procedures: Emergency response protocols and crisis management procedures

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Hospitality
Commercial Real Estate
Residential
Healthcare
Industrial

Relevant Teams

Operations
Legal
Finance
Facilities Management
Human Resources
Risk Management

Relevant Roles

Property Manager
Operations Director
Facility Manager
Asset Manager
General Counsel
Chief Operating Officer

Industries

Companies Act (Cap. 50): Primary legislation governing company operations, corporate governance, and directors' duties in Singapore

Contract Law (Application of English Law Act): Fundamental principles of contract law applicable in Singapore, derived from English common law

Employment Act (Cap. 91): Main legislation governing employment relationships and working conditions in Singapore

Competition Act (Cap. 50B): Legislation promoting fair competition and preventing anti-competitive practices in Singapore

Workplace Safety and Health Act: Regulations ensuring safety, health, and welfare of persons at work in Singapore

Personal Data Protection Act 2012 (PDPA): Law governing the collection, use, disclosure, and care of personal data

Consumer Protection (Fair Trading) Act: Legislation protecting consumer interests and promoting fair trading practices

COVID-19 (Temporary Measures) Act 2020: Temporary legislation providing relief for businesses and individuals affected by COVID-19 pandemic

Central Provident Fund Act: Law governing mandatory social security savings system for working Singaporeans and permanent residents

Employment of Foreign Manpower Act: Legislation regulating the employment of foreign workers in Singapore

Industrial Relations Act: Law governing relations between employers and trade unions

Income Tax Act: Primary legislation governing taxation of income in Singapore

Goods and Services Tax Act: Law governing the implementation and collection of consumption tax in Singapore

Trade Marks Act: Law protecting distinctive signs and brands used in trade

Patents Act: Legislation governing the protection of inventions and innovative processes

Arbitration Act: Law governing domestic arbitration proceedings in Singapore

Mediation Act: Legislation promoting and facilitating the resolution of disputes through mediation

Supreme Court of Judicature Act: Law establishing the structure and powers of Singapore's superior courts

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Authors

Alex Denne

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