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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."
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
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
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
Financial Services
Technology
Manufacturing
Professional Services
Healthcare
Retail
Energy
Telecommunications
Real Estate
Construction
Transportation
Media and Entertainment
Pharmaceuticals
Consumer Goods
Insurance
Legal
Human Resources
Finance
Corporate Governance
Compensation & Benefits
Executive Administration
Corporate Communications
Compliance
Risk Management
Board Secretariat
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
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