The Co-Ownership Business Agreement is a crucial document used when two or more parties wish to establish a formal structure for jointly owning and operating a business in Germany. This agreement is particularly important as it must comply with specific requirements under German law, including the German Civil Code (BGB) and Commercial Code (HGB). It's commonly used in situations ranging from small business partnerships to complex corporate joint ventures, providing a comprehensive framework for ownership rights, management responsibilities, profit sharing, and dispute resolution. The document should be carefully drafted to address both mandatory legal requirements and practical business considerations, ensuring it creates a clear and enforceable structure for the co-ownership relationship while maintaining flexibility for future business growth and changes.
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1. Parties: Identification and details of all co-owners entering into the agreement
2. Background: Context of the agreement and the business relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Business Purpose and Scope: Detailed description of the business activities and objectives
5. Ownership Structure: Specification of ownership percentages and capital contributions
6. Management and Control: Decision-making processes, voting rights, and management responsibilities
7. Financial Provisions: Capital accounts, profit/loss distribution, and financial management
8. Operations and Administration: Day-to-day business operations, administrative responsibilities
9. Rights and Obligations: Detailed rights and obligations of each co-owner
10. Transfer of Ownership: Rules for selling, transferring, or encumbering ownership interests
11. Dispute Resolution: Procedures for resolving conflicts between co-owners
12. Term and Termination: Duration of agreement and conditions for termination
13. Governing Law: Confirmation of German law application and jurisdiction
14. Miscellaneous Provisions: Standard legal provisions including severability, entire agreement, etc.
1. Intellectual Property Rights: Used when the business involves significant IP assets that need protection and clear ownership allocation
2. Non-Competition and Confidentiality: Include when protecting business secrets and preventing competitive activities is crucial
3. Death or Incapacity: Special provisions for succession planning and handling ownership in case of death or incapacity
4. Insurance Requirements: Specific insurance obligations when the business requires particular coverage
5. Employment of Co-Owners: Include when co-owners will also be employees of the business
6. Real Estate Management: Required when the business owns or operates from specific real estate properties
7. Banking and Financing: Additional provisions for handling business loans, banking relationships, and external financing
1. Schedule A - Capital Contributions: Detailed list of initial and subsequent capital contributions by each co-owner
2. Schedule B - Business Assets: Comprehensive inventory of business assets and their agreed values
3. Schedule C - Management Structure: Detailed organizational chart and management responsibilities
4. Schedule D - Profit Distribution Formula: Specific calculations and methods for distributing profits and losses
5. Schedule E - Business Plan: Initial business plan and strategic objectives
6. Appendix 1 - Signing Authorities: Details of signing powers and financial authority limits
7. Appendix 2 - Key Contracts: List of important business contracts and agreements
8. Appendix 3 - Operational Procedures: Standard operating procedures and business processes
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