Director's Service Agreement
Director's Service Agreement
This Director's Service Agreement (the "Agreement"), effective [effective date] sets out the terms on which you will serve as a statutory director and senior executive of [company name], as well as constituting your contract or employment. It replaces and supersedes any prior employment particulars or informal arrangements.
This agreement is given in compliance with the Companies Act 2006 and applicable employment legislation.
Parties
This Agreement is entered into between:
[company name], a company incorporated in England and Wales with company number [company number] and registered office at [company registered office address] (the "Company"); and
[director name], residing at [director address] (the "Director" or "you").
Appointment and term
Your appointment as an executive director of the Company will commence on [start date]. This Agreement remains in effect until terminated by either party in accordance with the terms set out below.
Your employment under this Agreement is separate from your office as a statutory director of the Company. Nothing in this Agreement confers any right on you to continue to hold the office of director, which may only be terminated in accordance with the Company’s Articles of Association or applicable law. Termination of your employment does not automatically terminate your office as a director, but you are required to resign that office in accordance with the “Resignation as director” clause.
Continuous employment
Choose either option:
No employment with any previous employer will count towards your continuous employment.
Or
Your prior period of employment with [previous employer] from [previous start date] to [previous end date] will count towards your continuous employment for statutory purposes.
Duties and responsibilities
You agree to perform your statutory duties under the Companies Act 2006, including sections 171–177 and the duties to:
Act in the Company’s best interests.
Exercise reasonable care and skill.
Exercise independent judgment in all decisions.
Avoid conflicts of interest
Disclose any personal interest in company transactions.
Promote the success of the company.
You will report to [direct report]. Your responsibilities include [director responsibilities]. You also agree to comply with all relevant laws and regulations and the Company's Articles of Association and governance policies, and to attend board and committee meetings as required.
Your job description may be amended by the Company and, in addition to duties set out in the job description, you may be required to undertake additional or other reasonable duties as necessary to meet the needs of the Company's business.
Any equipment or materials provided to you remain the property of the Company and must be used only for business purposes unless otherwise approved.
Remuneration
Your annual remuneration will be [annual remuneration], payable [payment frequency] in arrears.
You may also be eligible for discretionary benefits as set out in this Agreement.
Expenses
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England & Wales note
This version is drafted for England & Wales. Scotland and Northern Ireland differ on some points — for example notice periods and tribunal procedure. Tell GitLaw where you hire and it adjusts the draft.
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