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Share Profit Agreement Template for United States

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Key Requirements PROMPT example:

Share Profit Agreement

"I need a Share Profit Agreement between my software development company and a marketing consultant, where the consultant will receive 15% of net profits from any clients they bring in, starting January 2025."

Document background
The Share Profit Agreement is a crucial document for businesses and individuals in the United States who wish to establish a formal arrangement for sharing profits without creating a traditional partnership or corporation. This agreement is particularly valuable for joint ventures, consultant relationships, employee incentive programs, and business collaborations where parties contribute different resources or services and agree to share in the financial results. The document addresses key aspects required by U.S. federal and state laws, including securities regulations and tax implications. It provides detailed mechanisms for profit calculation, distribution schedules, audit rights, and dispute resolution procedures, while maintaining flexibility to accommodate various business relationships and profit-sharing structures.
Suggested Sections

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

2. Background: Explains 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 consistency

4. Profit Calculation: Details the method for calculating distributable profits, including relevant accounting principles and periods

5. Profit Distribution: Specifies the agreed profit-sharing ratios, timing, and mechanics of distributions

6. Payment Terms: Outlines the process, timing, and method of profit share payments

7. Records and Audit Rights: Establishes requirements for maintaining financial records and rights to audit

8. Representations and Warranties: Contains standard representations and warranties from all parties

9. Confidentiality: Protects confidential information shared between parties

10. Term and Termination: Specifies the duration of the agreement and conditions for termination

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

12. General Provisions: Includes standard boilerplate clauses such as notices, amendments, and governing law

Optional Sections

1. Non-Competition: Restricts parties from engaging in competing business activities - include when parties may have competing interests

2. Intellectual Property Rights: Addresses ownership and usage of IP - include when the profit-sharing involves IP-generating activities

3. Force Majeure: Covers unforeseeable circumstances preventing fulfillment of obligations - include for long-term agreements

4. Assignment Rights: Specifies whether and how parties can transfer their rights - include when transfer restrictions are needed

5. Management Rights: Details any management or voting rights associated with the profit-sharing - include for operational involvement

6. Tax Provisions: Addresses specific tax treatment and obligations - include when tax implications are significant

7. Insurance Requirements: Specifies required insurance coverage - include when business activities carry significant risks

Suggested Schedules

1. Schedule A - Profit Calculation Methodology: Detailed formula and examples of how profits will be calculated

2. Schedule B - Distribution Waterfall: Step-by-step breakdown of how profits will be distributed among parties

3. Schedule C - Accounting Principles: Specific accounting methods and principles to be applied

4. Schedule D - Initial Business Plan: Overview of business activities generating the profits

5. Appendix 1 - Reporting Template: Standard format for regular profit reporting

6. Appendix 2 - Bank Account Details: Designated accounts for profit distributions

7. Appendix 3 - Tax Forms: Required tax documentation and forms

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

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Relevant Industries

Technology

Real Estate

Professional Services

Retail

Manufacturing

Entertainment

Healthcare

Financial Services

Construction

Hospitality

E-commerce

Media and Communications

Agriculture

Energy

Education

Relevant Teams

Legal

Finance

Business Development

Operations

Executive Leadership

Accounting

Tax

Compliance

Corporate Development

Investment

Partnership Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Business Development Manager

Legal Counsel

Corporate Lawyer

Financial Controller

Investment Manager

Operations Director

Partnership Manager

Contracts Manager

Finance Director

Managing Partner

Venture Capital Manager

Business Owner

Franchise Manager

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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