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Company Separation Agreement
"I need a Company Separation Agreement under Hong Kong law for our departing Chief Technology Officer who holds significant share options and has been involved in developing our core intellectual property, with the separation to be effective from March 1, 2025."
1. Parties: Identification of the company and the departing individual
2. Background: Context of the separation, including individual's role and reason for separation if mutually agreed
3. Definitions: Key terms used throughout the agreement
4. Effective Date and Termination: Specifies when the separation takes effect and formal termination of existing agreements
5. Separation Payments: Details of all financial settlements, including salary, bonuses, and other entitlements
6. Company Property: Requirements for return of company property, documents, and data
7. Confidentiality Obligations: Ongoing duties regarding confidential information and trade secrets
8. Non-Compete and Non-Solicitation: Restrictions on future activities and contact with clients/employees
9. Mutual Release: Waiver of claims between parties, subject to agreement terms
10. Tax Implications: Treatment of tax obligations for separation payments
11. Reference and Announcements: Agreed approach to future references and public communications
12. General Provisions: Standard clauses including governing law, entire agreement, and severability
1. Share Options and Equity: Required when departing individual holds company shares or share options
2. Intellectual Property Assignment: Needed when individual was involved in IP creation or has pending assignments
3. Continuing Directorship Obligations: Required for departing directors with ongoing statutory responsibilities
4. Handover Provisions: Detailed transition requirements for senior executives or key position holders
5. Post-Termination Assistance: Terms for providing assistance in ongoing matters or litigation
6. Garden Leave: Provisions for paid leave during notice period
7. Medical and Insurance Benefits: Extension or termination of benefits coverage
8. Legal Fee Arrangements: Required when company agrees to cover legal costs of the separation
1. Schedule 1 - Payment Schedule: Detailed breakdown of all separation payments and timing
2. Schedule 2 - Company Property List: Inventory of items to be returned
3. Schedule 3 - Continuing Obligations: Detailed list of ongoing responsibilities and restrictions
4. Schedule 4 - Share Option Details: Details of treatment of share options and vesting schedules
5. Schedule 5 - Handover Plan: Detailed timeline and requirements for knowledge transfer
6. Appendix A - Form of Release: Legal release document template
7. Appendix B - Public Announcement Draft: Agreed form of any public statements regarding the separation
Authors
Financial Services
Technology
Manufacturing
Professional Services
Retail
Healthcare
Real Estate
Education
Telecommunications
Construction
Media and Entertainment
Energy
Transportation and Logistics
Human Resources
Legal
Finance
Executive Office
Board of Directors
Company Secretarial
Compliance
Risk Management
Operations
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Managing Director
Executive Director
Non-Executive Director
Department Head
Senior Vice President
Vice President
General Manager
Regional Director
Senior Manager
Division Head
Company Secretary
Chief Technology Officer
Chief Legal Officer
Senior Partner
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