Executive Employment Agreement review
Senior-executive employment agreement (CEO, CFO, named executive officer).
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What it checks
Title, duties, and reporting line
Executive agreement must state title, duties, and reporting line (CEO / Board / supervising executive).
Critical · EMP-001
Base salary and bonus structure
Executive agreement must state base salary and bonus / incentive structure.
Critical · EMP-002
§ 409A compliance language
Executive agreements with deferred compensation must comply with IRC § 409A or carry an exclusion / cure recital.
Critical · EMP-003
§ 280G parachute-payment treatment
Executive agreement with change-of-control benefits should address IRC § 280G parachute-payment treatment.
Critical · EMP-004
Termination definitions (Cause, Good Reason, CIC, Disability)
Executive agreement must define termination triggers.
Critical · EMP-005
Severance schedule
Executive agreement must specify severance benefits on qualifying terminations.
Critical · EMP-006
Clawback policy reference (Dodd-Frank § 954)
Listed-issuer executive agreements should reference the clawback policy (Exchange Act § 10D; SEC Rule 10D-1).
Warning · EMP-007
Restrictive covenants subordinated to non-compete / NDA terms
Executive agreement should incorporate or carry restrictive covenants by reference.
Critical · EMP-008
Every run also applies 122 general checks that belong to any agreement: structure, parties and signatures, defined terms, cross-references, dates, amounts, and one-sided terms.
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