The Executive Director Agreement is a crucial document used when appointing senior executives who will also serve as members of the company's board of directors in South Africa. It must comply with multiple pieces of legislation including the Companies Act 71 of 2008, King IV Corporate Governance Code, and various employment laws. The agreement is designed to clearly define the dual role of the executive director, establishing their responsibilities both as a board member and as a senior executive of the company. It includes comprehensive provisions on remuneration, performance expectations, confidentiality, intellectual property rights, and restraint of trade, while also addressing specific South African regulatory requirements such as employment equity considerations and corporate governance standards.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Identification of the company and the executive director
2. Background: Context of the appointment and any relevant corporate history
3. Definitions and Interpretation: Key terms used in the agreement and rules of interpretation
4. Appointment and Term: Terms of appointment as executive director, including position title, effective date, and duration
5. Duties and Responsibilities: Detailed description of executive and board duties, reporting lines, and performance expectations
6. Time Commitment: Expected working hours and time allocation between executive and board duties
7. Remuneration and Benefits: Base salary, bonuses, benefits, and any share-based incentives
8. Leave Entitlements: Annual leave, sick leave, and other leave provisions
9. Expenses: Policy on business expenses and reimbursement
10. Confidentiality: Protection of company confidential information and trade secrets
11. Intellectual Property: Ownership and protection of IP created during directorship
12. Restraint of Trade: Non-compete and non-solicitation provisions
13. Termination: Grounds and procedures for termination of the agreement
14. Company Policies: Compliance with company policies and procedures
15. Governing Law: South African law as governing law and jurisdiction
16. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. External Appointments: Terms for accepting directorships or roles in other organizations - include if other appointments are permitted
2. Relocation: Terms and assistance for relocation - include if director needs to relocate
3. Share Dealing: Specific rules for trading in company shares - include for listed companies
4. Change of Control: Provisions dealing with company takeover or merger - include for listed companies or where relevant
5. Garden Leave: Provisions for placing director on garden leave - include if this possibility is contemplated
6. International Travel: Specific provisions for international work - include if role requires significant travel
7. Acting Positions: Terms for acting in other executive positions - include if temporary role changes are expected
8. Stakeholder Management: Specific obligations regarding key stakeholders - include for roles with significant external engagement
1. Schedule 1: Job Description: Detailed description of role, responsibilities, and key performance areas
2. Schedule 2: Remuneration Structure: Detailed breakdown of salary, bonuses, and benefits package
3. Schedule 3: Share Incentive Terms: Details of any share options or long-term incentive plans
4. Schedule 4: Performance Metrics: Key performance indicators and measurement criteria
5. Schedule 5: Company Policies: List of applicable company policies and procedures
6. Schedule 6: Restraint Provisions: Detailed restraint of trade terms including geographical areas and time periods
7. Appendix A: Board Charter: Company's board charter outlining governance framework
8. Appendix B: Declaration of Interests: Form for declaring personal interests and potential conflicts
Find the exact document you need
Managing Director Contract
South African law-governed contract establishing terms and conditions for Managing Director appointment, incorporating corporate and employment law requirements.
Download
Director Indemnity Agreement
A South African law-governed agreement providing indemnification protection for company directors in accordance with the Companies Act 71 of 2008.
Download
Nominee Director Contract
A South African law-governed agreement establishing the terms for appointment and service of a nominee director, including duties, responsibilities, and protections for all parties.
Download
Spa Medical Director Agreement
A South African law-governed agreement appointing a medical director to oversee clinical operations and compliance in a spa facility.
Download
Executive Director Agreement
South African law-governed agreement establishing terms and conditions for executive director appointments, combining board membership and executive responsibilities.
Download
Medical Director Agreement
A South African law-governed agreement establishing employment terms and responsibilities for a Medical Director in a healthcare facility.
Download
Director Indemnification Agreement
A South African law-governed agreement providing indemnification protection to company directors, aligned with the Companies Act and corporate governance requirements.
Download
Director Appointment Agreement
A South African law-governed agreement establishing the terms and conditions for appointing a director to a company's board, aligned with the Companies Act and corporate governance requirements.
Download
Director Profit Sharing Agreement
A South African law-governed agreement establishing terms for director profit sharing, compliant with local corporate and tax regulations.
Download
Director Shareholder Agreement
A South African law-governed agreement defining the rights and obligations between company directors and shareholders, aligned with local corporate legislation and governance requirements.
Download
Director Fee Agreement
A South African law-governed agreement establishing director remuneration terms and payment conditions in compliance with the Companies Act and King IV Report.
Download
Independent Director Agreement
A South African law-governed agreement establishing terms and conditions for appointing an independent director to a company's board, ensuring compliance with local corporate governance requirements.
Download
Nominee Director Agreement
A South African law-governed agreement establishing the terms and conditions for nominee director appointments, including duties, responsibilities, and compliance requirements.
Download
Company Director Agreement
A South African law-governed agreement establishing the terms and conditions of a director's appointment, duties, and responsibilities to a company.
Download
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)