I need the format of a contact between a company and an individual to render services of a finance director?

The agreement will specify that it is updated on annual basis, can be terminated by either party giving one month's notice. The individual must obsreve confidentiality while discharging the duties of the finance director.

I need the format of a contact between a company and an individual to render services of a finance director?
You've described a few of the "deal points" and undoubtedly have negotiated several others, which is an excellent start. At this stage, make "doubly sure" (confirm it in writing if possible) that your company will have no contract with the "prospective" finance director "unless and until they have finalized and executed a written agreement".





Then, before you ask your attorney to draft the contract, you should make a list of the deal points, including:





(1) Term. What is the contract term? You said "updated on an annual basis" but "can be terminated by either party giving one month's notice" -- which sounds like a one-month contract, but this should be clarified. If the prospective employee is particularly valuable to your company, and especially if there will be a significant amount of training, then you may want to consider a longer-term contract which is "back-loaded" with bonuses -- so that the employee has to remain with the company in order to receive the "back-loaded" compensation.





(2) Compensation and Benefits. This includes base pay, bonuses, annual increases, profit participation, 401k contributions, expense account, company car, travel benefits (with family?), vacation, sick days, etc.





(3) Working Hours. What are the expected working hours (per day, per week, per month)? What happens if the expected hours are significantly exceeded? What happens if they are significantly less than agreed?





(4) Duties. Make a precise list of the duties and responsibilities of the employee. Include a precise list of the authority of the employee with respect to (in this case) signing on the corporate bank account(s), supervising auditors, preparing tax returns and other government reports, etc.





(5) Early Termination. What happens if the employee quits before the contract term? What happens if the employee is terminated involuntarily ("fired") before the contract term, either "for cause" (he's caught stealing) or "without cause"?





(6) Post-Contract Provisions. You negotiated a confidentiality provision (excellent) but limit it to the time "while discharging the duties of the finance director". Consider whether to expand this into a post-contract provision, which would restrict the employee, after the contract term, from disclosing any company information (this has to be carefully drafted by competent counsel, in order to be enforceable, but you should first negotiate this as a "deal point", if you want it) -- called an NDA ("non-disclosure agreement"). You may also want to add a narrow "non-competition agreement", to prevent your finance director from starting a competitive company or being lured away by an existing competitor, who would then be able to learn about your customers, vendors, products, etc.





After you have reached a "tentative agreement" (remember to clarify in writing that there is no binding contract until it is in writing and signed!!), then work with your attorney to draft the entire agreement.





Note that a properly drafted employment contract for a senior executive may exceed 50 pages in length, in order for it to be both clear and enforceable legally. If you are not prepared to spend the time and fees to negotiate such a contract, then consider whether or not a "handshake" agreement would provide more protection for the company, because a poorly written contract is usually worse for the company than no written contract at all.





Hope this helps.
Reply:that is a contract that should be custom drafted by an attorney. there is no form for every legal problem, as misconception has it. why would law school be 3 yrs and require 4 yrs of undergrad before it and a bar exam after it, if the whole thing was, 'here's the form book, fellas!'???





wise up and hire a lawyer.