EM Law | Commercial Lawyers in Central London
Employee Share Incentive Schemes Solicitors
Our solicitors advise on the design, implementation and operation of employee share incentive schemes and bonus arrangements including:
- all HMRC tax-advantaged share plans including Save As You Earn (SAYE) Option Schemes and EMI option schemes
- growth share schemes
- joint share ownership plans
- company share option plans (CSOPs)
- long-term incentive plans and annual and deferred bonus schemes
- share options and stock purchase programmes
- conditional share awards and restricted stock
- phantom shares
- other bespoke tax efficient structures
We can provide employment tax advice in relation to employee share incentive schemes including:
- tax planning for both employers and employees
- compliance with payroll tax requirements and P11D issues and liaising with HMRC in relation to this
- taxation of termination payments and benefits in kind
- current HMRC policy in relation to employee tax and HMRC reporting requirements
- tax treatment of internationally mobile employees and consultants providing services through personal companies and
- treatment of managers’ shares in private equity arrangements
Employee Benefit Trusts
In relation to employee benefit trusts we can advise on:
- their establishment, funding, ongoing operation and termination
- disguised remuneration considerations and appropriate documenting of arrangements between company and trustee
- statutory tax-advantaged employee-ownership trusts
- use of trust structures to optimise tax efficiency of share awards
- breach of trust issues and exercise of trustee discretion and
- impact of corporate transactions on trust arrangements and use of trust structure for post-deal incentives
Employment Law
We can advise on employment law and HR aspects of employee share incentive schemes including:
- negotiating and drafting the relevant provisions of executive contracts and compromise agreements
- form and process of company policy
- age discrimination issues
- recovery of unpaid taxes
- protection against claims post-termination and
- use of effective communication materials for employees
We can support corporate transactions by:
- advising on their impact on employee share incentive schemes including adjustment of share awards and on performance targets and
- helping businesses prepare for a transaction including advance “health checks” and due diligence reports
Employment Law Remuneration Committees
We can help remuneration committees with:
- their role under best practice requirements
- considerations when exercising their discretion
- appropriate consultation with key shareholders in relation to executive pay and
- drafting appropriate minutes, board papers and shareholder communications
We can advise on the international aspects of employee share incentive schemes including advising companies on launching and operating their plans globally and co-ordinating reviews by overseas advisers in relation to this, as well as advising overseas parents on the extension of their incentive plan to the UK.