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Management Company Operating Agreement Template for New Zealand

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Key Requirements PROMPT example:

Management Company Operating Agreement

"I need a Management Company Operating Agreement for a property management company based in Auckland, with three equal shareholders who will all serve as directors, including specific provisions for management of residential and commercial properties, to be effective from March 1, 2025."

Document background
The Management Company Operating Agreement is a fundamental document used when establishing or restructuring a management company in New Zealand. It serves as the primary governing document that defines how the company will be operated, managed, and controlled. This agreement is particularly important when multiple parties are involved in the ownership or management of the company, or when professional management services are being provided to other entities. The document must comply with New Zealand legislation, including the Companies Act 1993, Contract and Commercial Law Act 2017, and other relevant regulations. It typically includes detailed provisions for capital contributions, profit sharing, decision-making processes, member rights and obligations, and management responsibilities. The agreement is essential for protecting all parties' interests and ensuring clear understanding of roles, responsibilities, and operational procedures.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including members, managers, and the company itself

2. Background: Provides context for the agreement, including the company's formation and purpose

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Company Formation and Purpose: Details of company registration, business purpose, and principal place of business

5. Capital Contributions: Specifies initial and ongoing capital contributions requirements from members

6. Membership Interests: Defines ownership structure, classes of interests, and voting rights

7. Management Structure: Outlines management roles, responsibilities, and decision-making authority

8. Meetings and Voting: Procedures for member and management meetings, voting requirements, and quorum rules

9. Financial Management: Financial procedures, accounting practices, and distribution of profits

10. Transfer of Interests: Rules and restrictions regarding the transfer of membership interests

11. Withdrawal and Dissolution: Procedures for member withdrawal and company dissolution

12. Confidentiality: Obligations regarding confidential information and trade secrets

13. Dispute Resolution: Procedures for resolving disputes between members or with management

14. General Provisions: Standard legal provisions including notices, amendments, and governing law

Optional Sections

1. Intellectual Property: Required when the company owns or manages significant intellectual property assets

2. Employment Matters: Needed when the company has employees or specific employment-related policies

3. Insurance Requirements: Include when specific insurance coverage is mandatory for the business

4. Environmental Compliance: Required for companies operating in environmentally sensitive industries

5. International Operations: Include when the company operates across multiple jurisdictions

6. Special Purpose Vehicles: Needed when the company creates or manages subsidiary entities

7. Technology and Data Protection: Required when the company handles significant digital assets or personal data

8. Regulatory Compliance: Include for industries with specific regulatory requirements

Suggested Schedules

1. Schedule 1: Member Registry: Current list of members, their contact details, and ownership percentages

2. Schedule 2: Initial Capital Contributions: Detailed breakdown of members' initial capital contributions

3. Schedule 3: Management Structure: Organizational chart and detailed management responsibilities

4. Schedule 4: Business Plan: Initial business plan and strategic objectives

5. Schedule 5: Fees and Charges: Schedule of management fees and other charges

6. Appendix A: Company Constitution: Copy of the company's constitution or incorporation documents

7. Appendix B: Compliance Procedures: Detailed compliance and reporting procedures

8. Appendix C: Forms and Templates: Standard forms for notices, transfers, and other routine matters

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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

Property Management

Asset Management

Investment Management

Professional Services

Corporate Services

Real Estate

Financial Services

Facilities Management

Business Consulting

Hospitality Management

Retail Management

Healthcare Management

Agricultural Management

Relevant Teams

Legal

Corporate Governance

Executive Leadership

Operations

Finance

Compliance

Risk Management

Business Development

Investment

Asset Management

Company Secretariat

Board of Directors

Relevant Roles

Chief Executive Officer

Managing Director

Operations Manager

Company Secretary

Legal Counsel

Corporate Lawyer

Business Development Manager

Finance Director

Compliance Officer

Risk Manager

Board Member

Executive Director

Property Manager

Asset Manager

Investment Manager

General Counsel

Company Director

Portfolio 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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