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Company Separation Agreement Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
The Company Separation Agreement is a vital legal instrument used in Hong Kong business practice when terminating employment or directorship relationships with key personnel. It's particularly crucial for sensitive departures involving senior executives, directors, or employees with access to confidential information or significant corporate responsibilities. The document comprehensively addresses separation terms, including financial settlements, continuing obligations, and mutual releases, while ensuring compliance with Hong Kong employment law, companies ordinance, and related regulations. This agreement is essential for protecting both the company's interests (including confidential information and business relationships) and the departing individual's rights, while providing a clear framework for the separation process and preventing future disputes.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Professional Services

Retail

Healthcare

Real Estate

Education

Telecommunications

Construction

Media and Entertainment

Energy

Transportation and Logistics

Relevant Teams

Human Resources

Legal

Finance

Executive Office

Board of Directors

Company Secretarial

Compliance

Risk Management

Operations

Relevant Roles

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

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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