The Non-Compete Partnership Agreement is essential for Malaysian business partnerships seeking to protect their legitimate business interests, client relationships, and competitive advantages. This document is typically used when establishing new partnerships, admitting new partners, or managing partner departures. It must comply with Malaysian legal requirements, including the Contracts Act 1950, Partnership Act 1961, and Competition Act 2010. The agreement balances the partnership's need to protect its business interests against individual partners' rights to future employment and business opportunities. It includes specific provisions on restricted activities, geographic scope, duration, and enforcement mechanisms, all structured to meet Malaysian courts' requirements for reasonable and enforceable non-compete provisions.
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1. Parties: Identification and details of all partnership parties entering into the agreement
2. Background: Context of the agreement, nature of the partnership business, and purpose of the non-compete provisions
3. Definitions: Key terms used throughout the agreement, including specific business activities, territory, and competitive activities
4. Duration of Non-Compete: Specific timeframe during which the non-compete obligations will be effective
5. Scope of Non-Compete: Detailed description of prohibited competitive activities and business areas
6. Geographic Coverage: Specific territorial limits of the non-compete restrictions
7. Partnership Obligations: General duties and responsibilities of partners during the partnership
8. Confidentiality: Obligations regarding protection of partnership's confidential information
9. Exit Provisions: Terms governing partner departure and continuation of non-compete obligations
10. Consideration: Benefits or compensation provided in exchange for non-compete commitments
11. Remedies and Enforcement: Legal remedies available for breach of non-compete provisions
12. Governing Law: Specification of Malaysian law as governing law and jurisdiction
13. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Intellectual Property Rights: Specific provisions regarding ownership and use of IP when relevant to the partnership's business
2. Customer and Supplier Non-Solicitation: Additional restrictions on approaching partnership's customers or suppliers, if applicable
3. Employee Non-Solicitation: Restrictions on hiring partnership employees, if the partnership has employees
4. Training and Trade Secrets: Specific provisions for partnerships involving specialized training or proprietary methods
5. Dispute Resolution: Alternative dispute resolution mechanisms like mediation or arbitration
6. International Operations: Additional provisions for partnerships operating across multiple jurisdictions
1. Schedule A - Business Description: Detailed description of partnership's business activities and protected interests
2. Schedule B - Territory Definition: Detailed maps or descriptions of geographic areas covered by non-compete
3. Schedule C - Competitive Activities: Comprehensive list of specific prohibited competitive activities
4. Schedule D - Partner Contributions: Details of each partner's capital contributions and ownership interests
5. Schedule E - Consideration Details: Specific details of compensation or benefits provided for non-compete obligations
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Professional Services
Management Consulting
Legal Services
Medical Practices
Accounting and Financial Services
Technology and Software Development
Engineering Services
Architecture and Design
Real Estate Services
Business Advisory Services
Relevant Teams
Legal
Executive Leadership
Corporate Governance
Business Development
Operations
Human Resources
Compliance
Risk Management
Partner Relations
Strategic Planning
Relevant Roles
Managing Partner
Senior Partner
Executive Partner
Partnership Director
Chief Executive Officer
Chief Operating Officer
Legal Counsel
Business Development Director
Practice Head
Department Director
Regional Manager
Senior Associate
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