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Management Agreement Form Template for Germany

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Key Requirements PROMPT example:

Management Agreement Form

"I need a Management Agreement Form under German law for appointing a new Chief Technology Officer in our software company, who will be working across our offices in Berlin and Munich, starting March 1, 2025, with specific provisions for intellectual property rights and data protection compliance."

Document background
The Management Agreement Form is a crucial document used in German corporate environments to formalize the appointment and working relationship between a company and its senior management personnel. This document is essential when appointing managing directors (³Ò±ð²õ³¦³óä´Ú³Ù²õ´Úü³ó°ù±ð°ù), board members, or other senior executives in German companies, whether they are GmbHs (limited liability companies) or AGs (stock corporations). The agreement must comply with German corporate law, including the German Civil Code (BGB), Commercial Code (HGB), and relevant corporate statutes. It typically includes comprehensive provisions on management duties, remuneration structures, reporting obligations, confidentiality requirements, and termination conditions. The document also addresses specific German legal requirements such as social security status, working time regulations, and data protection under GDPR.
Suggested Sections

1. Parties: Identification of the contracting parties - the company and the manager

2. Background: Context of the agreement and appointment of the manager

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Official appointment, position title, and duration of the management role

5. Duties and Responsibilities: Detailed description of the manager's roles, obligations, and scope of authority

6. Working Time and Place of Work: Specifications about working hours and primary work location

7. Remuneration: Base salary, bonuses, and other financial benefits

8. Benefits and Expenses: Additional benefits, expense policies, and reimbursement procedures

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Non-Competition and Non-Solicitation: Restrictions during and after the agreement term

11. Intellectual Property Rights: Assignment of IP rights created during the management role

12. Data Protection: GDPR compliance and data handling obligations

13. Termination: Grounds for termination, notice periods, and consequences

14. Return of Company Property: Obligations upon termination regarding company assets and information

15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

16. Severability: Standard clause on the validity of remaining provisions if others are invalid

17. Entire Agreement: Confirmation that the agreement represents the complete understanding between parties

Optional Sections

1. International Assignments: Required if the manager will work across multiple jurisdictions

2. Group Company Provisions: Needed if the manager has responsibilities across multiple group companies

3. Corporate Governance Compliance: Required for managers in regulated industries or listed companies

4. Share Options or Participation Rights: Include if the manager is offered equity participation

5. Insurance Coverage: Details of D&O insurance or other specific insurance requirements

6. Supervisory Board Relationship: Required if the manager interacts with or reports to a supervisory board

7. Compliance with Industry Regulations: Specific requirements for regulated industries

8. Alternative Dispute Resolution: Optional mediation or arbitration procedures before court proceedings

Suggested Schedules

1. Schedule 1 - Detailed Job Description: Comprehensive list of duties, responsibilities, and reporting lines

2. Schedule 2 - Remuneration Details: Detailed breakdown of salary, bonuses, and performance metrics

3. Schedule 3 - Benefits Package: Complete list of benefits, insurance coverage, and allowances

4. Schedule 4 - Company Policies: Key company policies that form part of the agreement

5. Schedule 5 - Authorized Activities: List of pre-approved external activities or board positions

6. Appendix A - Power of Attorney: If applicable, scope of manager's authority to represent the company

7. Appendix B - Confidentiality Agreement: Detailed confidentiality obligations and procedures

8. Appendix C - Company Car Policy: If applicable, terms of company car provision and usage

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses








































Relevant Industries

Manufacturing

Technology

Financial Services

Professional Services

Healthcare

Retail

Automotive

Energy

Telecommunications

Real Estate

Construction

Logistics

Pharmaceuticals

Consumer Goods

Media and Entertainment

Relevant Teams

Legal

Human Resources

Executive Office

Corporate Governance

Compliance

Board Secretariat

Corporate Affairs

Finance

Operations

Administration

Relevant Roles

Managing Director (³Ò±ð²õ³¦³óä´Ú³Ù²õ´Úü³ó°ù±ð°ù)

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Chief Technology Officer

Chief Marketing Officer

Regional Director

Division Head

Executive Vice President

Senior Vice President

Department Head

Branch Manager

Country Manager

General Manager

Board Member (Vorstandsmitglied)

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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