Non-executive director's service agreement
This non-executive director's service agreement is a contract for services of a self-employed, part-time director. It takes clear no contract of employment. It can be used for a fixed term or a running contract for a company director, or director-level equivalent in a charity or other organisation. It provides particularly strong protection of company information.
- Solicitor approved
- Plain English makes editing easy
- Guidance notes included
- Money back guarantee
About this non-executive director's service agreement
This is a service agreement that sets out the contract for services between a non-executive director and a company or other organisation. It should be used by any company or other organisation with a corporate structure which requires a contract with an independent non-executive director who will provide advice, balance and support.
Being non-executive, the director is not an employee of the organisation. To preserve self-employed status it is important that the service agreement, as this one does, clarifies that the work of the director is in the nature of consultancy rather than executive employment. For example, the director is required to attend meetings and “bring independent judgement to bear on relevant issues”. This non-executive director's service contract is particularly strong on the protection of confidentiality and company secrets.
The service agreement is flexible and can be used whether the term of the contract is fixed or running. Use of plain English makes editing easy and allows it to be understood by all parties.
This document provides a balance between protection for the director and for the company. If there is a difference in interests, we have favoured the company. Some of these provisions are required to comply with the law. The explanatory notes, which come with these documents, will guide you as to the importance of specific issues.
The law relating to this service agreement
This is a contract for services and wherever possible makes clear that the relationship between the director and the organisation is one of consultancy rather than employment.
The differentiation is important because as an employee, the director has greater rights and both parties are taxed differently. What matters in the judgement of whether the relationship is one of consultancy or employment is the nature of the work not the wording of the contract. However, as far as possible, this service agreement suggests the relationship is not one of employment.
When to use this director's service agreement
- Appropriate for any non-executive, part-time director of any company
- Can also be used for charities and NGOs where the level of senior management is equivalent to the directors of a company
Service contract features and contents
- Up to date with the latest changes in company law
- Strong on protection of employer's confidential information
- Structured so as to minimise the administrative burden of legal compliance
The service agreement contains 12 provisions including:
- Appointment and fee;
- Director’s status;
- Meetings and work;
- Responsibilities as director;
- Staff handbook and company policies;
- Procedure after termination;
- No competition;
- Data protection.
This document was written by a solicitor for Net Lawman. It complies with current New Zealand law.
What other customers thought
Average customer rating
"I have found Net Lawman perfect for my needs and saved me thousand of dollars in legal fees getting a lawyer to produce these douc's from scratch. I have used three of the Net Lawman doc's to basically write up the NDA, contract, Non Solicitation agreements to a level of being 95% complete and then used my lawyer to sign off. My lawyer even commented how complete these doc's are.
Thanks guys, great service/product.
Cheers Dean"Dean Harper
"I needed an Agreement and Google, as always, was where I headed. I found the Net Lawman site and initially I thought I needed a relationship type Agreement but the Lodger one was absolutely perfect.
I didn't think it would be so easy so would recommend your website to anybody who was looking for an Agreement to suit their needs."Wendy Auger
"I have found the product exactly what I wanted and the notes helpful - as well as it being easy to locate, buy and download. There should be a better way of making your product more widely known. I have recently had experience of a tailor-made lease and this left a lot to be desired - whereas your product is well researched and ticks all the boxes."Ted