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Agreement For Appointment Of Managing Director

Agreement For Appointment Of Managing Director Template for Australia

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Key Requirements PROMPT example:

Agreement For Appointment Of Managing Director

"I need an Agreement for Appointment of Managing Director for our ASX-listed technology company, with detailed provisions for share options, international travel requirements, and specific KPIs for our expansion into Asian markets starting March 2025."

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Document background
The Agreement For Appointment Of Managing Director is a crucial document used when a company seeks to formally engage a Managing Director in Australia. This agreement is essential for companies operating under Australian law, particularly in compliance with the Corporations Act 2001 (Cth) and relevant employment legislation. It is typically implemented when appointing a new Managing Director, renewing an existing appointment, or formalizing the relationship with an acting Managing Director. The document combines elements of both corporate governance and employment law, setting out comprehensive terms including duties, remuneration, performance expectations, and termination provisions. It serves to protect both the company's interests and the Managing Director's rights while ensuring clear accountability and governance structures.
Suggested Sections

1. Parties: Identifies the company and the appointed Managing Director

2. Background: Sets out the context of the appointment and the company's desire to engage the Managing Director

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

4. Appointment and Term: Details of the appointment, commencement date, and term (fixed or ongoing)

5. Duties and Responsibilities: Comprehensive outline of the Managing Director's duties, including statutory, fiduciary, and operational responsibilities

6. Time Commitment and Location: Specifies working hours, location, and travel requirements

7. Remuneration and Benefits: Details of salary, bonuses, benefits, and review mechanisms

8. Leave Entitlements: Annual leave, personal leave, long service leave, and other leave entitlements

9. Expenses: Policy on business expenses and reimbursement

10. Confidentiality: Obligations regarding confidential information during and after employment

11. Intellectual Property: Ownership and protection of IP created during the appointment

12. Termination: Grounds for termination, notice periods, and consequences of termination

13. Post-Termination Obligations: Restraint of trade, non-competition, and non-solicitation provisions

14. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Performance Criteria: Detailed KPIs and performance measurement criteria - include when specific performance targets are part of the role

2. Share Options or Equity Participation: Details of any share option schemes or equity participation - include for listed companies or when equity incentives are offered

3. International Travel: Specific provisions for international travel requirements and allowances - include for roles requiring significant international travel

4. Board Position: Terms of appointment to the Board of Directors - include when the MD is also appointed as a Board member

5. Related Party Transactions: Procedures for handling related party transactions - include for listed companies or where specific corporate governance requirements exist

6. Change of Control: Provisions dealing with change in company ownership - include for listed companies or where relevant to the industry

7. Gardening Leave: Provisions for garden leave during notice period - include where protection of business interests is crucial

Suggested Schedules

1. Schedule 1 - Position Description: Detailed description of the role, responsibilities, and reporting relationships

2. Schedule 2 - Remuneration Package: Detailed breakdown of salary, bonuses, benefits, and incentive structures

3. Schedule 3 - Company Policies: List of applicable company policies and procedures

4. Schedule 4 - Performance Criteria: Detailed KPIs and performance measurement criteria

5. Schedule 5 - Restraint Provisions: Detailed restraint of trade terms including geographical and temporal limits

6. Appendix A - Share Option Terms: Details of any share option or equity participation schemes

7. Appendix B - Statutory Declaration: Required declarations regarding eligibility to act as director

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions









































Clauses












































Relevant Industries

Financial Services

Mining and Resources

Technology

Healthcare

Retail

Manufacturing

Professional Services

Construction

Energy

Telecommunications

Transportation and Logistics

Education

Real Estate

Agriculture

Media and Entertainment

Relevant Teams

Board of Directors

Executive Leadership

Legal

Human Resources

Corporate Governance

Company Secretariat

Compliance

Risk Management

Relevant Roles

Managing Director

Chief Executive Officer

Executive Director

Company Secretary

Board Member

Chairman

General Counsel

Chief Legal Officer

Head of Human Resources

Chief Operating Officer

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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