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Executive Retention Bonus Agreement Template for Canada

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Key Requirements PROMPT example:

Executive Retention Bonus Agreement

"I need an Executive Retention Bonus Agreement for our Toronto-based technology company's CFO, including equity components and change of control provisions, with the retention period starting January 2025 and lasting 24 months."

Document background
The Executive Retention Bonus Agreement is a crucial document used by Canadian companies to secure the continued employment of key executive talent during important business periods such as mergers, acquisitions, restructuring, or other significant corporate events. This agreement type is particularly valuable when the retention of specific executives is vital for business continuity, successful project completion, or knowledge transfer. The document typically specifies a substantial financial incentive paid either as a lump sum or in installments, contingent upon the executive remaining with the company for a specified period and potentially meeting defined performance criteria. The agreement must comply with Canadian federal and provincial employment laws, tax regulations, and securities requirements, particularly when equity components are involved. It serves as a legally binding contract that protects both the company's interests in retaining key talent and the executive's rights to receive the promised compensation upon meeting the specified conditions.
Suggested Sections

1. Parties: Identifies the company and the executive entering into the agreement

2. Background: Explains the context and purpose of the retention bonus agreement

3. Definitions: Defines key terms used throughout the agreement

4. Retention Bonus Amount: Specifies the total amount of the retention bonus and its composition

5. Payment Terms: Details the schedule and conditions for bonus payments

6. Retention Period: Defines the duration of the retention period and any key dates

7. Performance Requirements: Outlines any performance criteria or objectives linked to the bonus

8. Termination Provisions: Describes what happens to the bonus in various termination scenarios

9. Confidentiality: Requires the executive to maintain confidentiality about the agreement terms

10. Non-Solicitation: Prevents the executive from soliciting employees or customers during and after employment

11. Governing Law: Specifies that Canadian law governs the agreement

12. General Provisions: Includes standard clauses such as amendments, notices, and entire agreement

Optional Sections

1. Clawback Provisions: Used when the company wants the right to recoup bonus payments under certain circumstances

2. Equity Components: Included when the retention bonus includes stock options or other equity-based compensation

3. Non-Competition: Added when the company wishes to restrict the executive's ability to work for competitors

4. Change of Control: Included when special provisions apply in case of company ownership changes

5. Tax Gross-Up: Used when the company agrees to cover additional tax liability

6. International Tax Provisions: Required for executives who work across multiple jurisdictions

7. Dispute Resolution: Added when specific arbitration or mediation procedures are desired

Suggested Schedules

1. Schedule A - Bonus Calculation: Detailed formula or methodology for calculating the retention bonus

2. Schedule B - Payment Schedule: Specific dates and amounts for bonus installments

3. Schedule C - Performance Metrics: Detailed performance criteria and measurement methods

4. Appendix 1 - Tax Treatment Summary: Overview of tax implications and treatment of the bonus payments

5. Appendix 2 - Compliance Requirements: List of specific compliance obligations the executive must meet

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Healthcare

Energy

Mining

Telecommunications

Professional Services

Real Estate

Retail

Consumer Goods

Media and Entertainment

Transportation and Logistics

Biotechnology

Construction

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Compensation and Benefits

Corporate Governance

Board Secretariat

Talent Management

Risk Management

Compliance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Chief Technology Officer

Chief Marketing Officer

Executive Vice President

Senior Vice President

Division President

Managing Director

Regional Director

Executive Director

General Manager

Head of Department

Senior Partner

Principal

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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