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Deferred Salary Agreement
"I need a Deferred Salary Agreement for a senior investment manager in Hong Kong, with 30% of the monthly salary deferred for 3 years, including clawback provisions and performance-based vesting conditions."
1. Parties: Identification of the employer and employee entering into the agreement
2. Background: Context of the agreement and employment relationship
3. Definitions: Key terms used throughout the agreement including Deferred Salary, Deferral Period, and Payment Date
4. Salary Deferral Arrangement: Core terms of the salary deferral including amount or percentage to be deferred and deferral period
5. Payment Terms: Conditions and timing for payment of the deferred salary
6. Tax Treatment: Clarification of tax implications and responsibilities
7. MPF Treatment: Impact on MPF contributions and calculations
8. Confidentiality: Obligations regarding the confidentiality of the agreement terms
9. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
10. Entire Agreement: Standard entire agreement clause
11. Execution: Signature blocks and execution details
1. Investment of Deferred Amounts: Terms regarding how deferred amounts will be invested, if applicable
2. Early Termination Provisions: Specific provisions for early termination of employment
3. Change of Control: Provisions dealing with company ownership changes or restructuring
4. Vesting Schedule: If the deferred salary vests over time, detailed vesting conditions
5. Clawback Provisions: Terms allowing employer to recoup payments in specific circumstances
6. Assignment and Transfer: Restrictions on assignment or transfer of rights
7. Force Majeure: Provisions for extraordinary circumstances affecting the agreement
8. Amendment Procedure: Process for making changes to the agreement
1. Schedule 1 - Calculation of Deferred Amount: Detailed formula and examples of how deferred amount is calculated
2. Schedule 2 - Payment Schedule: Detailed timeline of when deferred amounts will be paid
3. Schedule 3 - Tax Examples: Illustrations of tax treatment in different scenarios
4. Appendix A - Notification Form: Template for employee to notify changes affecting the agreement
5. Appendix B - Payment Election Form: Form for employee to specify payment preferences
6. Appendix C - Consent Form: Employee's consent to data processing and storage
Authors
Financial Services
Professional Services
Technology
Banking
Insurance
Asset Management
Consulting
Legal Services
Real Estate
Private Equity
Investment Banking
Human Resources
Legal
Finance
Compliance
Tax
Company Secretarial
Compensation & Benefits
Risk Management
Executive Office
Chief Executive Officer
Chief Financial Officer
Managing Director
Executive Director
Senior Manager
Investment Manager
Portfolio Manager
Department Head
Vice President
Senior Vice President
Partner
Associate Director
Senior Consultant
Trading Manager
Sales Director
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