Executive Contract for Malta

Executive Contract Template for Malta

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Executive Contract

"I need an Executive Contract under Maltese law for hiring a new Chief Technology Officer starting March 1, 2025, with special attention to intellectual property rights and confidentiality provisions, as we're a fintech company handling sensitive data."

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What is a Executive Contract?

This Executive Contract template is designed for use when appointing senior-level executives in organizations operating under Maltese jurisdiction. It's particularly relevant for companies seeking to formalize high-level employment relationships in compliance with Malta's legal framework, including the Employment and Industrial Relations Act and relevant corporate governance requirements. The document should be used when hiring C-suite executives, directors, and other senior management positions, incorporating comprehensive terms for remuneration packages, performance metrics, confidentiality obligations, and post-employment restrictions. It's structured to protect both the company's interests and the executive's rights, with specific attention to Malta's unique business environment and regulatory requirements. The contract includes customizable elements to accommodate various industry sectors and company-specific needs, making it suitable for both Maltese companies and international organizations with operations in Malta.

What sections should be included in a Executive Contract?

1. Parties: Identification of the Company and the Executive, including full legal names and registered addresses

2. Background: Context of the appointment, including the position being offered and brief company background

3. Definitions: Key terms used throughout the agreement, including 'Company', 'Board', 'Confidential Information', 'Intellectual Property', etc.

4. Appointment and Term: Details of the executive position, commencement date, and duration of appointment

5. Duties and Responsibilities: Detailed description of executive's role, reporting lines, and key responsibilities

6. Time Commitment and Exclusivity: Working hours, dedication requirements, and any permitted external activities

7. Remuneration and Benefits: Base salary, bonuses, equity arrangements, and other benefits

8. Expenses: Policy on business expenses and reimbursement procedures

9. Leave Entitlements: Annual leave, sick leave, and other permitted absences

10. Confidentiality: Obligations regarding company confidential information

11. Intellectual Property: Assignment of IP rights created during employment

12. Non-Competition and Non-Solicitation: Post-employment restrictions and their geographical/temporal scope

13. Termination: Grounds for termination, notice periods, and consequences

14. Garden Leave: Company's right to place executive on garden leave

15. Return of Company Property: Obligations upon termination regarding company assets and information

16. Data Protection: Compliance with GDPR and local data protection laws

17. Governing Law and Jurisdiction: Specification of Maltese law and courts' jurisdiction

What sections are optional to include in a Executive Contract?

1. Probationary Period: Optional provision for initial trial period - typically used for first-time executive appointments

2. Relocation Package: Terms of relocation assistance if the executive is moving from another country/city

3. Share Options: Detailed terms of any share option scheme - used when equity participation is offered

4. Change of Control: Special provisions in case of company merger/acquisition - relevant for listed or acquisition-target companies

5. International Travel: Specific provisions for extensive international travel - used when role requires significant global presence

6. Representation on Board: Terms of board membership - used when executive is also appointed as company director

7. Insurance Coverage: Details of additional insurance coverage - relevant for high-risk industries or jurisdictions

What schedules should be included in a Executive Contract?

1. Schedule 1 - Remuneration Package: Detailed breakdown of salary, bonuses, and benefits structure

2. Schedule 2 - Job Description: Detailed outline of roles, responsibilities, and KPIs

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

4. Schedule 4 - Company Policies: Key company policies applicable to the executive

5. Schedule 5 - Restricted Activities: Specific list of prohibited competitive activities

6. Appendix A - Performance Metrics: Specific performance indicators and bonus calculation methodology

7. Appendix B - Benefits Summary: Detailed description of all benefits and allowances

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

Telecommunications

Real Estate

Gaming and iGaming

Maritime and Shipping

Tourism and Hospitality

Retail and Consumer Goods

Energy and Utilities

Pharmaceutical

Construction and Development

Education

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Marketing

Sales

Research and Development

Corporate Affairs

Strategy

Business Development

Product Management

Risk Management

Compliance

Corporate Governance

Relevant Roles

Chief Executive Officer (CEO)

Chief Financial Officer (CFO)

Chief Operating Officer (COO)

Chief Technology Officer (CTO)

Chief Marketing Officer (CMO)

Managing Director

Executive Director

Country Manager

Regional Director

Vice President

General Manager

Head of Department

Executive Vice President

Division President

Senior Vice President

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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