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Company Separation Agreement Template for Ireland

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Key Requirements PROMPT example:

Company Separation Agreement

"I need a Company Separation Agreement under Irish law for our Chief Technology Officer who is leaving to join a competitor, with specific focus on intellectual property protection and a 12-month non-compete clause starting March 1, 2025."

Document background
The Company Separation Agreement is a crucial document used when a significant employee, executive, or director parts ways with an organization in Ireland. It serves multiple purposes: protecting the company's interests, ensuring fair treatment of the departing individual, and creating legal certainty around the separation process. This document becomes particularly important in situations involving senior personnel, complex compensation arrangements, or when there are significant business interests to protect. The agreement must comply with Irish employment law, the Companies Act 2014, and other relevant legislation. It typically includes provisions for financial settlements, confidentiality, non-compete clauses, and the handling of sensitive information, while also addressing specific requirements under Irish corporate governance standards and data protection regulations.
Suggested Sections

1. Parties: Identification of the company and the departing party

2. Background: Context of the separation, including employment history and current circumstances

3. Definitions: Defined terms used throughout the agreement

4. Effective Date and Timing: Specification of when the separation takes effect and key transition dates

5. Separation Terms: Core terms of the separation including resignation/termination provisions

6. Financial Settlement: Details of all financial payments, including final salary, bonuses, and severance

7. Company Property: Requirements for return of company property and assets

8. Confidentiality Obligations: Ongoing duties regarding confidential information

9. Post-Separation Restrictions: Non-compete and non-solicitation provisions

10. References and Announcements: Agreed approach to future references and public communications

11. Tax Indemnities: Tax treatment of payments and related indemnities

12. General Provisions: Standard legal provisions including governing law, entire agreement, and variation

13. Execution: Signature blocks and execution formalities

Optional Sections

1. Director Resignations: Required when the departing party holds director positions, including resignation process and Companies Registration Office requirements

2. Share Transfer Provisions: Needed when the departing party holds shares, including valuation and transfer mechanics

3. Intellectual Property Assignment: Required when the departing party was involved in IP creation or has rights to company IP

4. Customer/Client Transition: Necessary when the departing party had significant client relationships

5. Ongoing Cooperation: Used when future assistance may be needed for transitions or legal matters

6. Garden Leave: Included when there is a period of paid leave before final termination

7. Legal Proceedings: Required when there are ongoing or potential legal matters

8. Benefits Continuation: Needed when discussing post-termination benefits or insurance

9. Mutual Release: Optional release of claims between parties

10. Data Protection: Specific GDPR compliance provisions when significant personal data is involved

Suggested Schedules

1. Schedule 1 - Financial Settlement Details: Detailed breakdown of all financial payments and their timing

2. Schedule 2 - Company Property Register: List of all company property to be returned

3. Schedule 3 - Post-Termination Restrictions: Detailed terms of non-compete and non-solicitation obligations

4. Schedule 4 - Share Valuation and Transfer Terms: Details of share transfer process and valuation methodology

5. Schedule 5 - Resignation Letters: Pro forma resignation letters for various positions

6. Schedule 6 - Announcement Templates: Agreed forms of internal and external announcements

7. Schedule 7 - Handover Plan: Detailed plan for transitioning responsibilities

8. Appendix A - Data Protection Obligations: Specific GDPR and data protection compliance requirements

9. Appendix B - Benefits Summary: Summary of any continuing benefits or insurance coverage

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Retail

Construction

Education

Telecommunications

Energy

Agriculture

Transportation

Media and Entertainment

Real Estate

Pharmaceuticals

Consulting

Insurance

Mining and Resources

Hospitality

Non-Profit Organizations

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Board of Directors

Corporate Governance

Compliance

Risk Management

Operations

Administration

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Managing Director

Executive Director

Non-Executive Director

Company Secretary

Department Head

Senior Manager

Regional Director

Vice President

General Manager

Partner

Principal

Head of Department

Senior Consultant

Chief Technology Officer

Chief Marketing Officer

Head of Human Resources

Financial Controller

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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