17.01.25
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Development and implementation of share-based compensation programs: ESOP, Option and Phantom Stock Agreements

We offer comprehensive services for the development and implementation of share-based compensation programs such as (ESOPs), option and phantom stock agreements for companies that desire to motivate their employees and managers. These programs assist to attract and retain talented employees, increase their involvement in the company’s development and create additional incentives to achieve financial goals.

In terms of this service, we can ensure the preparation of the following documents:

  • Employee Stock Ownership Plan (ESOP). An Employee Stock Ownership Plan (ESOP) is a program that provides employees with an ownership interest in the company. ESOPs are used by companies to align the interests of their employees with those of the shareholders, often as part of employee compensation or benefits. Key Specifications of ESOP are the following: Employees usually become eligible to participate in the plan after a certain period of service. Employees need to meet a vesting schedule, which determines when they can fully access the shares or benefits. Employees gain shares, which they can sell when they leave the company, retire, or when the company is sold.
  • Option Agreement. An option agreement is a contract that gives an employee the right, but not the obligation, to purchase a specific number of shares of company stock at a predetermined price (known as the exercise or strike price) within a specific period. Key Specifications of the Option Agreement are the following: The price at which the employee can buy the company’s stock under the option is specified. The period during which the employee must wait before exercising the options, is usually linked to years of service or performance milestones.The window of time within which the employee can exercise their option after it vests. This period may extend for several years after the options are granted.
  • Phantom Stock Agreement. A phantom stock agreement is a form of compensation that gives employees benefits similar to stock ownership without actually issuing any stock. Phantom stock mimics the value of the company’s stock and employees are paid a cash amount equal to the value of the stock or the appreciation of stock value over time. Key Specifications of the Phantom Stock Agreement are the following: Unlike ESOPs or options, phantom stock does not involve actual ownership of shares in the company. Employees receive a cash payout based on the increase in the company’s stock value, often upon a triggering event like retirement, a merger, or the employee leaving the company. Like stock options, phantom stock typically comes with a vesting schedule that determines when the employee is eligible to receive the benefits.

Advantages of working with us when preparing investment documents:

  • Analysis of the client’s needs: We conduct meetings with the company’s management to understand the objectives of the share-based compensation programs, corporate structure and financial capabilities.
  • Development of the share-based compensation programs concept: We create customized program concepts that meet business requirements and the interests of employees.
  • Preparation of ESOP Plan: We develop ESOP (Employee Stock Ownership Plan) programs, including terms and conditions for granting shares to employees, option exercise schedule and other details.
  • Preparation of Option Agreements: We prepare customized stock option agreements that set out the terms of the option grant, terms, price and conditions of exercise.
  • Drafting Phantom Stock Agreements: We prepare Phantom Stock Agreements to provide similar benefits to employees without the actual transfer of shares, ensuring that they benefit from the growth of the company’s value.
  • Legal support and advice: We provide legal support at every stage of the program implementation, including advice on taxation, corporate governance and regulatory requirements.
  • Preparation of necessary documentation: We prepare all the necessary corporate documents, amendments to the constituent documents, and register the program with the relevant authorities.
  • Implementation and support of the selected share-based compensation program: We assist in the implementation of the program in the company, communicate with employees, and resolve legal and administrative issues.

How can this service be useful for you?

  • Motivation and engagement of employees: Professionally designed share-based compensation programs assist in attracting and retaining talented employees, giving them the opportunity to participate in the financial growth of the company.
  • Increase the efficiency of the management team: By incentivizing executives through stock options and Phantom Stock, the company ensures greater involvement in the long-term development and goals of the business.
  • Reducing labor costs: Equity incentive programs allow you to replace a portion of cash payments with options or shares, reducing compensation costs.

When is it recommended to obtain this service?

  • If you desire to motivate employees and create tools to attract key personnel to your company.
  • If you are looking for alternatives to cash compensation for key employees without the actual transfer of shares.

What do we offer in this service?

  • Individual approach: Every business has its own unique needs, so we develop customized programs that best meet your company’s goals.
  • Deep expertise: Our lawyers have many years of experience in corporate law and compensation schemes, which ensures legal reliability and compliance with the law.
  • Comprehensive support: We provide support at all stages – from needs analysis to implementation of the program in the company.

Conclusion.

Developing and implementing share-based incentive programs is an effective tool for motivating your employees and managers. With our help, you will be able to create an attractive compensation system that will contribute to the company’s development and financial goals. Our team will ensure the professional development, approval and implementation of all necessary documents, as well as provide support at every stage of the program implementation.

How can we help you?

Leave your request, we will be happy to discuss cooperation.

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