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Key Person Agreement
"I need a Key Person Agreement for our new Chief Technology Officer in the fintech sector, with special emphasis on IP protection and an international travel component, as they will be managing our development teams across multiple African countries starting March 2025."
1. Parties: Identification of the employer company and the key person, including their full details and capacities
2. Background: Context of the agreement, nature of the business, and reason for identifying the employee as a key person
3. Definitions: Detailed definitions of terms used throughout the agreement, including 'Key Person Position', 'Confidential Information', and other specific terms
4. Appointment and Position: Details of the position, effective date, reporting lines, and scope of authority
5. Duties and Responsibilities: Comprehensive outline of the key person's roles, duties, and performance expectations
6. Duration and Terms: Period of the agreement, whether fixed-term or permanent, and any renewal provisions
7. Remuneration and Benefits: Base salary, bonuses, incentives, and other benefits specific to the key person position
8. Performance Metrics: Specific KPIs, performance evaluation criteria, and review processes
9. Confidentiality: Obligations regarding confidential information during and after employment
10. Intellectual Property: Ownership and rights regarding intellectual property created during employment
11. Restraint of Trade: Non-compete and non-solicitation provisions post-employment
12. Termination: Grounds for termination, notice periods, and consequences of termination
13. Post-Termination Obligations: Continuing obligations after employment ends
14. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Share Options or Equity Participation: Include when the key person is offered company shares or share options as part of their package
2. Succession Planning: Include when the agreement requires the key person to develop and maintain a succession plan
3. International Travel: Include when the role requires significant international travel or overseas responsibilities
4. Change of Control: Include provisions dealing with the key person's rights and obligations in case of company ownership change
5. Garden Leave: Include when the company wants the right to place the key person on paid leave during notice period
6. Insurance and Indemnification: Include when the company provides special insurance coverage or indemnification for the key person
7. Retention Bonus: Include when specific retention incentives are offered
8. Board Position: Include when the key person will also serve on the company's board
1. Schedule 1: Remuneration Structure: Detailed breakdown of salary, bonuses, and benefits
2. Schedule 2: Performance Metrics and KPIs: Detailed performance indicators and measurement criteria
3. Schedule 3: Share Option Terms: Details of any share option or equity participation scheme
4. Schedule 4: Restraint of Trade Terms: Specific details of geographical areas, time periods, and restricted activities
5. Schedule 5: Company Policies: List of applicable company policies the key person must comply with
6. Appendix A: Job Description: Detailed description of the role, responsibilities, and expectations
7. Appendix B: Benefits Summary: Comprehensive list of all benefits and perks attached to the position
Authors
Financial Services
Technology
Manufacturing
Professional Services
Healthcare
Mining
Telecommunications
Retail
Energy
Construction
Research and Development
Pharmaceuticals
Engineering
Consulting
Human Resources
Legal
Executive Management
Research and Development
Product Development
Sales
Operations
Finance
Information Technology
Strategy
Investment
Trading
Engineering
Client Services
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Managing Director
Technical Director
Head of Research
Principal Scientist
Senior Software Architect
Key Account Manager
Head of Product Development
Lead Engineer
Principal Consultant
Chief Investment Officer
Head of Trading
Senior Research Scientist
Regional Director
Chief Operating Officer
Head of Strategy
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