Key Person Agreement Template for South Africa

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Key Requirements PROMPT example:

Key Person Agreement

"I need a Key Person Agreement for our new Chief Technology Officer in the fintech sector, with special emphasis on IP protection and an international travel component, as they will be managing our development teams across multiple African countries starting March 2025."

Document background
The Key Person Agreement is essential for organizations operating in South Africa that need to retain and protect their relationships with employees who are vital to their business operations. These employees typically possess specialized knowledge, skills, or relationships that make them particularly valuable to the organization. The agreement goes beyond a standard employment contract by including additional provisions for enhanced compensation, specific performance metrics, and robust protective measures for the company. It must comply with South African legislation while addressing unique aspects of the key person's role, including confidentiality obligations, restraint of trade provisions, and intellectual property rights. The document is particularly crucial in situations where the loss of the employee would significantly impact the company's operations, client relationships, or competitive position.
Suggested Sections

1. Parties: Identification of the employer company and the key person, including their full details and capacities

2. Background: Context of the agreement, nature of the business, and reason for identifying the employee as a key person

3. Definitions: Detailed definitions of terms used throughout the agreement, including 'Key Person Position', 'Confidential Information', and other specific terms

4. Appointment and Position: Details of the position, effective date, reporting lines, and scope of authority

5. Duties and Responsibilities: Comprehensive outline of the key person's roles, duties, and performance expectations

6. Duration and Terms: Period of the agreement, whether fixed-term or permanent, and any renewal provisions

7. Remuneration and Benefits: Base salary, bonuses, incentives, and other benefits specific to the key person position

8. Performance Metrics: Specific KPIs, performance evaluation criteria, and review processes

9. Confidentiality: Obligations regarding confidential information during and after employment

10. Intellectual Property: Ownership and rights regarding intellectual property created during employment

11. Restraint of Trade: Non-compete and non-solicitation provisions post-employment

12. Termination: Grounds for termination, notice periods, and consequences of termination

13. Post-Termination Obligations: Continuing obligations after employment ends

14. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement

Optional Sections

1. Share Options or Equity Participation: Include when the key person is offered company shares or share options as part of their package

2. Succession Planning: Include when the agreement requires the key person to develop and maintain a succession plan

3. International Travel: Include when the role requires significant international travel or overseas responsibilities

4. Change of Control: Include provisions dealing with the key person's rights and obligations in case of company ownership change

5. Garden Leave: Include when the company wants the right to place the key person on paid leave during notice period

6. Insurance and Indemnification: Include when the company provides special insurance coverage or indemnification for the key person

7. Retention Bonus: Include when specific retention incentives are offered

8. Board Position: Include when the key person will also serve on the company's board

Suggested Schedules

1. Schedule 1: Remuneration Structure: Detailed breakdown of salary, bonuses, and benefits

2. Schedule 2: Performance Metrics and KPIs: Detailed performance indicators and measurement criteria

3. Schedule 3: Share Option Terms: Details of any share option or equity participation scheme

4. Schedule 4: Restraint of Trade Terms: Specific details of geographical areas, time periods, and restricted activities

5. Schedule 5: Company Policies: List of applicable company policies the key person must comply with

6. Appendix A: Job Description: Detailed description of the role, responsibilities, and expectations

7. Appendix B: Benefits Summary: Comprehensive list of all benefits and perks attached to the position

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Healthcare

Mining

Telecommunications

Retail

Energy

Construction

Research and Development

Pharmaceuticals

Engineering

Consulting

Relevant Teams

Human Resources

Legal

Executive Management

Research and Development

Product Development

Sales

Operations

Finance

Information Technology

Strategy

Investment

Trading

Engineering

Client Services

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Managing Director

Technical Director

Head of Research

Principal Scientist

Senior Software Architect

Key Account Manager

Head of Product Development

Lead Engineer

Principal Consultant

Chief Investment Officer

Head of Trading

Senior Research Scientist

Regional Director

Chief Operating Officer

Head of Strategy

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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