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Director Settlement Agreement Template for Singapore

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Key Requirements PROMPT example:

Director Settlement Agreement

"I need a Director Settlement Agreement for our Singapore fintech company, covering the departure of our executive director who holds significant share options and will be joining a competitor in Malaysia after a 6-month garden leave period starting March 2025."

Document background
A Director Settlement Agreement is used when a director's relationship with a company is being terminated, whether tHRough mutual agreement or otherwise. This document, governed by Singapore law, outlines the comprehensive terms of separation, including financial settlements, continuing obligations, and mutual releases. It's particularly important in Singapore's corporate environment where director duties and corporate governance are strictly regulated. The agreement helps manage legal risks, protect confidential information, and ensure compliance with the Companies Act and other relevant legislation. It typically includes provisions for payment terms, share options, non-compete clauses, and ongoing obligations.
Suggested Sections

1. Parties: Identification of the company and the departing director

2. Background: Context of directorship and reasons for settlement

3. Definitions: Key terms used tHRoughout the agreement

4. Resignation Terms: Effective date and mechanics of resignation

5. Settlement Payment: Details of compensation and payment terms

6. Mutual Release: Release of claims between parties

7. Confidentiality: Ongoing confidentiality obligations

8. Return of Property: Process for returning company assets and documents

Optional Sections

1. Non-Compete Provisions: Restrictions on future employment or business activities - use when protecting company interests from competition

2. Share Options: Treatment of existing share options or equity - use when director holds company shares or options

3. Continuing Directorship: Terms for ongoing board participation - use when director remains on subsidiary boards

4. Tax Indemnity: Tax-related obligations and indemnities - use when settlement includes taxable components

Suggested Schedules

1. Schedule of Company Property: List of items to be returned to the company

2. Share Option Details: Details of outstanding share options and treatment

3. Resignation Letters: Form of resignation letters for various positions

4. Payment Schedule: Breakdown of settlement payments and timing

5. Ongoing Obligations: Summary of continuing duties and restrictions

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

Relevant legal definitions































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Industries

Companies Act (Chapter 50): Primary legislation governing corporate entities in Singapore, covering directors' duties, fiduciary obligations, resignation/removal procedures, and disclosure requirements

Employment Act (Chapter 91): While directors typically fall outside its scope, relevant when director holds executive position, covering employment terms and conditions

Securities and Futures Act (Chapter 289): Regulates securities trading, insider trading provisions, disclosure obligations, and trading restrictions, especially crucial for listed companies

Income Tax Act (Chapter 134): Governs tax implications of settlement payments, treatment of benefits and compensation packages

Personal Data Protection Act 2012: Regulates the collection, use, and disclosure of personal data, relevant for confidentiality provisions in settlement agreements

Competition Act (Chapter 50B): Relevant for non-compete provisions and trade restrictions in settlement agreements

SGX Listing Rules: Applicable for listed companies, covering disclosure requirements and corporate governance obligations

Code of Corporate Governance: Sets out principles and guidelines for corporate governance and best practices in Singapore

MAS Guidelines and Regulations: Regulatory framework especially relevant for financial institutions and regulatory compliance requirements

Contract Law: Common law principles, Misrepresentation Act, and requirements for valid contracts under Singapore law

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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