Executive Negotiations & Settlement Agreements
Appointing or removing senior executives can be complex and fraught with difficulty. Getting it wrong can prove very costly, particularly where the executive also has rights as a shareholder or regulatory obligations, such as those in the financial services sector.
We can assist you through:
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Drafting and negotiating the terms of service agreements and non-executive director appointment letters.
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Preparing bonus and commission schemes as well as long-term incentive plans for incoming executives.
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Advising on employee shareholder arrangements, which can yield valuable capital gains tax relief.
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Providing strategic advice on the exit of a senior executive, taking into account shareholder issues and regulatory issues.
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Drafting and negotiating settlement agreements for corporate and individual clients.
Case study
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Advising a private-equity firm on appointing a new Chief Executive to run one of their portfolio companies. Drafting the directors’ service agreement and negotiating detailed restrictive covenants and bonus provisions.
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Advising a leading insurance broker on the terms of his settlement agreement and successfully negotiating favourable amendments to his restrictive covenants.
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Achieving a creative solution for a senior female executive to include a high ex gratia payment and an agreed reference and leaving announcement. Working in conjunction with accountants and tax specialists to structure the settlement in the most tax efficient manner.