Can Quillio review executive employment contracts?
Yes. I review executive employment contracts for senior executives and KMP. I cover total remuneration structure, equity and LTI arrangements, termination entitlements, post-employment restraints, confidentiality and IP, and — for listed company KMP — the Corporations Act 2001 disclosure and the ASX Listing Rules termination benefit cap.
Remuneration structure
I analyse base salary, STI and LTI mechanics, superannuation, and other benefits. For LTI, I check vesting conditions, performance hurdles, treatment on termination, and tax-concessional ESS positioning. Gross-ups, indemnities, and expenses are flagged.
Termination
Termination rights need careful drafting. I flag notice vs payment in lieu, garden leave, good leaver / bad leaver treatment of equity, and any termination benefit above the statutory cap in section 200B of the Corporations Act 2001 for KMP.
Restraints and confidentiality
I draft post-employment restraints using cascading durations and scopes. Confidentiality clauses need to identify confidential information with enough specificity, and IP assignment needs to cover both pre-existing and created IP in the role.
Common issues
- Section 200B termination benefit cap for KMP is often overlooked — flag early
- Change of control triggers need precise drafting — ambiguity creates value problems at exit
- Garden leave duration and restraint duration interact — model for worst case
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