Non Solicitation Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Non Solicitation Agreement

"I need a Non-Solicitation Agreement for a senior sales director leaving our Hong Kong-based financial services firm in March 2025, with specific focus on protecting our client relationships in the Asia-Pacific region and preventing the solicitation of our junior sales team members for 12 months."

Document background

This Non Solicitation Agreement is designed for use in Hong Kong business contexts where protecting client relationships, employee connections, and business partnerships is crucial. It serves as a legal safeguard against the solicitation of employees, clients, or business partners following the termination of a business relationship or employment. The document is particularly relevant in situations involving senior employees, key personnel, or business partnerships where parties have access to valuable client relationships or sensitive information. Compliance with Hong Kong law requires careful consideration of reasonableness in terms of duration, geographical scope, and restricted activities. The agreement must balance the legitimate interests of the business with the right of individuals to earn a livelihood, ensuring enforceability under Hong Kong's legal framework.

Suggested Sections

1. Parties: Identifies and defines the contracting parties - typically the employer/business and the restricted party

2. Background: Sets out the context of the agreement and the business relationship between the parties

3. Definitions: Defines key terms used throughout the agreement, including 'Restricted Business', 'Restricted Period', 'Restricted Territory', etc.

4. Non-Solicitation Obligations: Core section detailing restrictions on soliciting customers, clients, employees, and business partners

5. Duration and Territory: Specifies the time period and geographical scope of the restrictions

6. Consideration: States the consideration provided in exchange for the non-solicitation obligations

7. Acknowledgments: Party's acknowledgment that restrictions are reasonable and necessary

8. Exceptions: Permitted activities and legitimate exceptions to the restrictions

9. Remedies: Specifies remedies available in case of breach, including injunctive relief

10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Confidentiality Obligations: Additional provisions regarding confidential information protection, used when sensitive information is involved

2. Non-Competition Covenant: Additional restrictions on competing activities, used when broader protection is required

3. Assignment and Succession: Provisions for transferring rights under the agreement, used in corporate contexts

4. Independent Contractor Relationship: Clarifies relationship status when agreement is not with employees

5. Severability and Modification: Detailed provisions for court modification of unenforceable terms, used in high-risk situations

6. Return of Property: Provisions regarding return of company property, used when physical or digital assets are involved

Suggested Schedules

1. Schedule of Restricted Clients: List of specific clients or customers covered by non-solicitation provisions

2. Schedule of Restricted Employees: List of key employees or categories of employees covered by non-solicitation provisions

3. Schedule of Restricted Territory: Detailed description or map of geographical areas covered by restrictions

4. Schedule of Restricted Business Activities: Detailed description of specific business activities covered by the agreement

5. Schedule of Consideration: Details of any financial or other consideration provided for the restrictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Professional Services

Technology

Healthcare

Manufacturing

Retail

Insurance

Real Estate

Consulting

Education

Legal Services

Marketing and Advertising

Information Technology

Telecommunications

Banking

Relevant Teams

Human Resources

Legal

Sales

Business Development

Client Services

Executive Management

Operations

Finance

Marketing

Account Management

Relevant Roles

Chief Executive Officer

Managing Director

Sales Director

Account Manager

Business Development Manager

Senior Consultant

Human Resources Director

Department Head

Regional Manager

Client Relationship Manager

Partner

Senior Associate

Executive Director

Vice President

Chief Financial Officer

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Authors

Alex Denne

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