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Director Employment Agreement

Director Employment Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Director Employment Agreement

"I need a Director Employment Agreement for appointing a new Executive Director to our Hong Kong fintech startup, with strong emphasis on IP protection, share options, and performance-based bonuses."

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Document background
A Director Employment Agreement is a crucial document used when appointing executive directors to companies in Hong Kong. It serves as both an employment contract and a governance document, reflecting the unique position of directors who are simultaneously employees and officers of the company. The agreement must comply with Hong Kong's Companies Ordinance, Employment Ordinance, and other relevant legislation, while also addressing practical business needs. It typically includes comprehensive provisions on appointment terms, duties, remuneration, benefits, confidentiality, intellectual property rights, and termination conditions. This document is particularly important in Hong Kong's corporate environment, where directors' duties and liabilities are strictly regulated, and proper documentation of the employment relationship is essential for both legal compliance and risk management.
Suggested Sections

1. Parties: Identification of the company and the director, including their respective addresses and company registration/identification details

2. Background: Context of the appointment, including any relevant board resolutions and shareholders' approvals

3. Definitions: Key terms used throughout the agreement, including Company, Board, Confidential Information, etc.

4. Appointment and Term: Details of the director position, effective date, and duration of appointment

5. Duties and Responsibilities: Comprehensive outline of director's duties, including statutory obligations under Companies Ordinance

6. Time Commitment: Expected working hours, availability, and provisions for other directorships/activities

7. Remuneration: Base salary, bonuses, share options, and other financial benefits

8. Benefits: Insurance, MPF, leave entitlements, expense reimbursement, and other benefits

9. Place of Work: Primary work location and travel requirements

10. Confidentiality: Protection of company information during and after employment

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

12. Restrictive Covenants: Non-compete, non-solicitation, and other post-termination restrictions

13. Termination: Grounds for termination, notice periods, and consequences

14. Garden Leave: Company's right to place director on garden leave

15. Return of Property: Obligations to return company property upon termination

16. Data Protection: Handling of personal data under Privacy Ordinance

17. Governing Law: Hong Kong law as governing law and jurisdiction

18. General Provisions: Standard boilerplate clauses including entire agreement, severability, etc.

Optional Sections

1. Listed Company Obligations: Additional obligations for directors of listed companies, include if company is listed or planning to list

2. International Travel: Specific provisions for international travel and overseas duties, include if role requires significant international work

3. Multiple Directorships: Provisions for holding directorships in subsidiary/group companies, include if director will serve multiple group companies

4. Share Options: Detailed share option scheme provisions, include if share options are part of compensation

5. Performance Targets: Specific KPIs and performance evaluation criteria, include if bonus is performance-based

6. Representation on Committees: Provisions for serving on board committees, include if director will serve on specific committees

7. Indemnification: Company's indemnification of director, include if company provides director indemnification

8. Insurance: Directors' and Officers' liability insurance provisions, include if D&O insurance is provided

Suggested Schedules

1. Schedule 1 - Duties and Responsibilities: Detailed list of specific duties and responsibilities

2. Schedule 2 - Remuneration Package: Detailed breakdown of all compensation elements

3. Schedule 3 - Benefits: Comprehensive list of benefits and entitlements

4. Schedule 4 - Performance Metrics: Detailed performance evaluation criteria and bonus calculations

5. Schedule 5 - Group Companies: List of group companies where director holds positions

6. Appendix A - Board Resolution: Copy of board resolution approving the appointment

7. Appendix B - Share Option Terms: Details of share option scheme if applicable

8. Appendix C - Company Policies: Key company policies applicable to directors

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








































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Relevant Industries

Financial Services

Banking

Insurance

Technology

Manufacturing

Real Estate

Retail

Healthcare

Professional Services

Telecommunications

Energy

Transportation

Education

Media and Entertainment

Construction

Hospitality

Relevant Teams

Legal

Human Resources

Corporate Secretarial

Compliance

Board of Directors

Executive Committee

Compensation Committee

Nomination Committee

Corporate Governance

Risk Management

Relevant Roles

Executive Director

Managing Director

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Chief Technology Officer

Chief Marketing Officer

Regional Director

Country Manager

Division Director

Executive Vice President

Board Member

Non-Executive Director

Independent Director

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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