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Executive Separation Agreement Template for Netherlands

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Key Requirements PROMPT example:

Executive Separation Agreement

"I need an Executive Separation Agreement under Dutch law for our CFO's voluntary departure effective March 1, 2025, including garden leave provisions and treatment of unvested stock options, with specific focus on post-termination restrictions for the financial services sector."

Document background
The Executive Separation Agreement is a crucial document used when terminating the employment relationship with senior executives or directors under Dutch law. It is typically implemented when an executive-level employee is departing from the organization, whether through mutual agreement, retirement, or other circumstances. The agreement comprehensively addresses all aspects of the separation, including financial settlements, continuing obligations, and protection of company interests, while ensuring compliance with Dutch employment law, corporate governance requirements, and relevant regulatory frameworks. This document is particularly important given the complex nature of executive employment relationships in the Netherlands, which often involve both corporate law (regarding director positions) and employment law aspects. The Executive Separation Agreement helps minimize legal risks, ensures clear documentation of all termination terms, and provides a framework for professional transition while protecting both parties' interests.
Suggested Sections

1. Parties: Identification of the company and the executive, including formal corporate details

2. Background: Context of the executive's employment and reason for separation

3. Definitions: Key terms used throughout the agreement

4. Termination Date and Position: Specific date of termination and details of positions being terminated

5. Financial Settlement: Details of severance payment, final salary, bonuses, and other financial entitlements

6. Company Property: Requirements for return of company property and information

7. Confidentiality Obligations: Ongoing confidentiality requirements post-termination

8. Post-Termination Restrictions: Non-compete and non-solicitation provisions in accordance with Dutch law

9. Release of Claims: Mutual release of claims between parties

10. Tax Treatment: Tax implications and responsibilities

11. Reference and Announcements: Agreed form of reference and public/internal announcements

12. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction

13. Entire Agreement: Integration clause and relationship to previous agreements

Optional Sections

1. Garden Leave: Used when the executive is placed on garden leave during notice period

2. Share Options and Awards: Include when executive has outstanding equity-based compensation

3. Directorship Resignations: Required when executive holds board positions in group companies

4. Ongoing Cooperation: Used when executive's assistance may be needed for transition or litigation

5. Insurance and Indemnification: Include when extending D&O insurance coverage or specific indemnities

6. Outplacement Support: When providing career transition services

7. Works Council Approval: Required when works council consultation is necessary

8. Pension Arrangements: Include when specific pension provisions need addressing

9. Intellectual Property Rights: When there are specific IP matters to address

10. Housing and Relocation: For expatriate executives with housing benefits

Suggested Schedules

1. Schedule 1 - Calculation of Severance Payment: Detailed breakdown of severance calculation

2. Schedule 2 - Company Property List: Inventory of items to be returned

3. Schedule 3 - Resignation Letters: Template letters for resignations from various positions

4. Schedule 4 - Agreed Announcement: Text of internal and external announcements

5. Schedule 5 - Share Option Details: List of outstanding share options and treatment

6. Schedule 6 - Benefits Summary: Details of continuing or terminating benefits

7. Appendix A - Settlement Agreement Protocol: Formal requirements under Dutch law for valid settlement

8. Appendix B - Legal Advisory Certificate: Confirmation of independent legal advice received

Authors

Alex Denne

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

Relevant legal definitions








































Clauses


































Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Healthcare

Retail

Energy

Telecommunications

Real Estate

Construction

Transportation

Media and Entertainment

Pharmaceuticals

Consumer Goods

Insurance

Relevant Teams

Legal

Human Resources

Finance

Corporate Governance

Compensation & Benefits

Executive Administration

Corporate Communications

Compliance

Risk Management

Board Secretariat

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Managing Director

Executive Director

Board Member

Division President

Country Manager

Regional Director

Senior Vice President

Executive Vice President

General Manager

Chief Technology Officer

Chief Legal Officer

Chief Human Resources 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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