The Deed of Indemnity Insurance and Access is essential for protecting corporate leadership from personal liability while performing their duties. It becomes particularly important when directors and officers face potential legal challenges or require access to corporate information after leaving their positions. This document, commonly used in U.S. corporate governance, provides a triple-layer protection through indemnification, insurance coverage, and guaranteed access to relevant corporate documents. It's particularly crucial for public companies and those in highly regulated industries.
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1. Parties: Identification of the indemnifying party and the indemnified party (typically director/officer)
2. Background/Recitals: Context of the deed and relationship between parties
3. Definitions: Key terms used throughout the deed including 'Claims', 'Liabilities', 'Indemnity Period'
4. Grant of Indemnity: Core indemnification provisions and scope
5. Insurance Obligations: Details of insurance coverage requirements and maintenance
6. Access Rights: Rights to access company documents and information
7. Duration: Term of the deed and survival provisions
8. Execution: Formal execution blocks and attestation
1. Advancement of Expenses: Provisions for advancing legal costs when immediate coverage of legal expenses is desired
2. Tax Indemnity: Specific tax-related indemnifications when tax exposure is a specific concern
3. International Coverage: Cross-border protection provisions when indemnified party operates in multiple jurisdictions
1. Insurance Policy Details: Specific insurance policies and coverage limits
2. Claim Procedures: Process for making and handling indemnification claims
3. Corporate Authorization: Board resolutions or other corporate approvals
4. Form of Notice: Template for formal notices under the deed
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