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Settlement Agreement And Release Template for Hong Kong

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Key Requirements PROMPT example:

Settlement Agreement And Release

"I need a Settlement Agreement and Release under Hong Kong law for resolving an employment dispute with a senior executive who is leaving our technology company, including provisions for a HKD 2.5 million settlement payment, confidentiality obligations, and non-disparagement clauses, with the agreement to be effective from March 1, 2025."

Document background
The Settlement Agreement And Release is a crucial legal document used in Hong Kong to formally conclude disputes between parties, whether arising from commercial relationships, employment matters, or other contentious situations. This document is typically employed when parties have reached an agreement to resolve their differences through negotiation, mediation, or prior to full litigation. It provides a comprehensive framework for documenting the settlement terms, including monetary compensation, mutual releases, and ongoing obligations, while ensuring compliance with Hong Kong legal requirements. The agreement is particularly important in the Hong Kong business environment, where it serves as a key risk management tool by providing certainty and finality to disputes, preventing future claims, and protecting the interests of all parties involved. It must be carefully drafted to ensure enforceability under Hong Kong law and to address specific requirements of the jurisdiction's contract and civil law system.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including their legal status and addresses

2. Background: Outlines the dispute or circumstances leading to the settlement, including relevant dates and key events

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Settlement Sum: Specifies the settlement amount, payment terms, and payment method

5. Release and Discharge: Details the scope of claims being released and discharged by all parties

6. Confidentiality: Sets out obligations regarding confidentiality of the settlement terms and dispute

7. Non-Admission of Liability: Clarifies that the settlement does not constitute an admission of liability by any party

8. Tax and Costs: Addresses responsibility for taxes and legal costs related to the settlement

9. Entire Agreement: Confirms the agreement represents the entire understanding between parties

10. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes

11. Execution: Signature blocks and execution formalities

Optional Sections

1. Non-Disparagement: Used when parties agree not to make negative statements about each other

2. Return of Property: Required when physical or intellectual property needs to be returned

3. Future Cooperation: Included when parties need to cooperate on transition or implementation matters

4. Reference Provision: Used in employment-related settlements regarding future employment references

5. Continuing Obligations: Specifies any obligations that survive the settlement

6. Third Party Rights: Required when the settlement affects rights of third parties under the Contracts (Rights of Third Parties) Ordinance

7. Severability: Added when there's risk that certain provisions might be found invalid

8. Variation: Details how the agreement can be modified, if needed

Suggested Schedules

1. Schedule 1 - Payment Schedule: Details of installment payments if settlement sum is not paid as lump sum

2. Schedule 2 - Released Claims: Comprehensive list of specific claims being released

3. Schedule 3 - Announcement Template: Agreed form of any public or internal announcements about the settlement

4. Schedule 4 - Required Actions: List of specific actions to be taken by parties as part of settlement

5. Appendix A - Related Proceedings: List of all legal proceedings covered by the settlement

6. Appendix B - Form of Release: Standard form of release to be signed by related parties if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Financial Services

Manufacturing

Technology

Professional Services

Retail

Healthcare

Construction

Education

Real Estate

Insurance

Telecommunications

Transportation and Logistics

Relevant Teams

Legal

Human Resources

Executive Management

Risk Management

Compliance

Finance

Operations

Company Secretarial

Internal Audit

Corporate Affairs

Relevant Roles

Legal Counsel

HR Director

Chief Executive Officer

Chief Financial Officer

Risk Manager

Compliance Officer

General Manager

Department Head

Human Resources Manager

Operations Director

Company Secretary

Chief Legal Officer

Claims Manager

Settlement Officer

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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