Ownership of shares has long been seen as a great way of attracting, incentivising and retaining key employees. Not only can share plans offer rewards for staff, they can be linked to the company’s underlying economic performance and can be aligned with shareholders and other stakeholders.
At Lupton Fawcett, we understand that your employees are crucial to the success of your business and we can advise on different incentives to suit different stages of development, such as starting up and growing a company for exit or succession planning.
Our main work is for SMEs and private equity backed companies across a wide range of sectors. We offer advice on the following share incentives:
- Enterprise management incentive options
- Growth and hurdle shares
- Company share option plans
- Employee benefit trusts
- Employee owned companies
- Save as you earn share option plans
- Share incentive plans
- Unapproved share options
- Phantom share option schemes
- Nil paid shares
This places us in an ideal position to offer advice and guidance on the following share option issues:
- Setting up share plans and preparation of associated documentation, including amending plan rules and advising on the ongoing operation of the plan, maturity and vestings
- Impact of the disguised remuneration rules
- Reporting requirements
- Impact of corporate restructuring, takeovers and equity fundraisings on employee share options or employee shares
- Availability of entrepreneurs’ relief
- Employment-related securities
- Share buybacks
- Compromise agreements involving employee shares
- Corporate tax deductions for share option gains
Our team is made up of experienced, multidisciplinary solicitors who advise on tax, company law, employment law and governance issues. We will work with you throughout the whole lifecycle of the incentive plan from design and implementation through to maturity and vesting.
We can offer a stand-alone service or work with your existing advisers to deliver your share incentive objectives. However, due to the nature of share options and incentives, the majority of the work we do is highly confidential, but we can give the following examples of our experience:
- Implementing time and exit-based Enterprise Management Incentives (EMI) and unapproved share plans with scaled vesting targets, including turnover, exit proceeds and debt repayment targets
- Implementing hurdle share plans
- Advising a venture-capital-backed, high-growth company where key executives held flowering shares, which acquired a significant value if a certain exit value was achieved
Contact Us for Help
To speak to a solicitor about share options and incentives or for advice on a particular issue, get in touch by using the details below.
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