The Managing Director Agreement is a crucial document used when appointing a senior executive to lead and manage a company's operations in Ireland. It combines elements of both an employment contract and a service agreement, reflecting the dual nature of the Managing Director's role as both an employee and a company officer. This agreement is essential for companies operating under Irish law who need to formalize the appointment of their most senior executive, ensuring compliance with the Companies Act 2014 and related legislation. The document typically includes comprehensive provisions covering appointment terms, duties, remuneration, benefits, restrictive covenants, and termination provisions, while also addressing corporate governance requirements and protecting the company's interests. It's particularly important for establishing clear expectations, responsibilities, and performance metrics for the role while providing appropriate protections for both the company and the Managing Director.
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1. Parties: Identification of the company and the managing director
2. Background: Context of the appointment and general purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Position details, commencement date, and term (fixed or indefinite)
5. Duties and Responsibilities: Detailed description of the MD's roles, responsibilities, and performance expectations
6. Time Commitment: Working hours, availability, and dedication requirements
7. Location: Primary work location and travel requirements
8. Remuneration: Base salary, review mechanisms, and payment terms
9. Benefits and Expenses: Additional benefits, expense policies, and reimbursement procedures
10. Holidays and Leave: Annual leave entitlement and other types of leave
11. Confidentiality: Protection of company confidential information
12. Intellectual Property: Ownership and protection of IP created during employment
13. Restrictions and Non-Compete: Post-employment restrictions and non-compete obligations
14. Termination: Grounds for termination, notice periods, and procedures
15. Company Policies: Compliance with company policies and procedures
16. Data Protection: GDPR compliance and data processing provisions
17. Governing Law: Irish law as governing law and jurisdiction
18. Entire Agreement: Integration clause and relationship to other agreements
19. Notices: Method and addresses for formal notices
1. Board Position: Include when the MD is also appointed to the board of directors
2. Share Options: Include when offering equity participation or share options
3. Performance Bonus: Include when offering performance-based compensation
4. Garden Leave: Include when requiring specific garden leave provisions
5. International Travel: Include for roles requiring significant international travel
6. Regulatory Compliance: Include for regulated industries (e.g., financial services)
7. Group Role: Include when MD has responsibilities across group companies
8. Pension Scheme: Include when offering specific pension arrangements
9. Insurance Coverage: Include when providing specific insurance benefits
10. Relocation: Include when relocation assistance is provided
1. Schedule 1 - Duties and Responsibilities: Detailed list of specific duties and responsibilities
2. Schedule 2 - Benefits Package: Comprehensive description of all benefits and allowances
3. Schedule 3 - Bonus Scheme: Details of any performance-related bonus calculations
4. Schedule 4 - Share Option Scheme: Terms and conditions of any share option arrangements
5. Schedule 5 - Company Policies: List of applicable company policies
6. Schedule 6 - Restricted Activities: Detailed description of post-employment restrictions
7. Appendix A - Performance Metrics: Specific KPIs and performance measurement criteria
8. Appendix B - Expense Policy: Detailed expense guidelines and procedures
9. Appendix C - Company Car Policy: Terms of company car provision if applicable
10. Appendix D - Group Structure: Overview of group companies if role involves group responsibilities
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