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IP Holding Company Operating Agreement

This Agreement may be used where a business is structured through a holding company that owns intellectual property, and an operating company that uses the intellectual property, as a licence enabling the use of that intellectual property.

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3.5 (2 reviews)

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Last updated October 16, 2024

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Under 10 minutes

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Suitable for Australia

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Written by

Edwin Montoya Zorrilla

Reviewed by

Damin Murdock

Document Overview

Many businesses find that operating under a "Holding", "Dual" or "Parent" company structure works best for them. In particular it allows them to hold their assets in an entity that is separate from the entity that operates the business and carries its liabilities, and therefore protects those assets from creditors in case of insolvency. For intellectual property to be effectively protected under such a structure, the "Subsidiary", or "Operating" company, must be using that intellectual property lawfully, under a commercially sound licencing agreement. This agreement provides terms that can effectively allow such a structure to operate.


The Legal Risk Score of a IP Holding Company Operating Agreement Template

Our legal team have marked this document as low risk considering:

  • It is being executed between two parties that are working together.
  • There are few variables in the document.


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IP Holding Company Operating Agreement Checklist

Complete your free IP Holding Company Operating Agreement with our checklist

Get the right individuals to sign the document

The document should be signed by the director(s) and/or secretary.

Keep the document readily available

Both parties should have the document handy as an easy reference for their obligations.

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What does the Intellectual Property Company Operating Agreement cover?

  • Licensing fee and security to ensure the payment of the fee;
  • Appropriate accounting practices;
  • Appropriate promotion and marketing practices; and
  • Dispute resolution and general terms.

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