What is actually on the table
An executive exit is rarely about the notice clause alone. The full agenda: severance quantum against your section 20 leverage, treatment of unvested ESOS and deferred bonus, pro-rated incentives, gardening leave terms, the reference and the announcement language, continuation of medical cover, and the restraints you are asked to carry out the door. Each has market conventions; knowing them is the negotiation.
Restrictive covenants in Malaysia
Here is leverage most executives do not know they hold: under section 28 of the Contracts Act 1950, agreements in restraint of trade are void in Malaysia save for narrow exceptions. Post-employment non-competes are generally unenforceable — though confidentiality and non-solicitation obligations framed as protecting trade secrets have more life. Employers pay for certainty; the covenant they cannot enforce is often the concession that funds a better severance.
Directors and officers
Where you sit on the board, resignation from directorships, Companies Act 2016 filings, D&O run-off cover and any shareholder or founder documents must move in step with the employment terms. We coordinate the full set so nothing is signed in isolation.