ESOP Planning
Best Suited For
• Start-ups looking to hire top-talents
• Method to set-up co-founders remunerations
• Companies looking to retain top employees
• Saving cash flows for start-ups
What's Included?
- Identification of Top Employees
- Calculating Eligibility
- Determine the Dilution
- Structuring the Vesting plan
- Model contract for ESOP
- Communication Techniques
- Documenting the Minutes
- Filing of relevant forms with ROC
20% off on:
- Accounting & MIS
- Annual Compliance Package
- Annual Compliance Package
Benefits of ESOP Structure
- Increased Loyalty
- Encourages Employees
- Retains Top Talents
- No Cash-out or Liquidity issue Encourages Employees
- Instills Trust and Transparency
- Boosts Team Morale
What's Next?
Documents Required
- Minutes of the Board Meeting
- Minutes of the General Meeting
- Special Resolution passing ESOP
- Explanatory Statement on ESOP
- ESOP Structure Document
- Board's Report
- Register of ESOP
- PAS - 3
- MGT-14
Finding a way to retain Employees? Cannot increase cash outflow by increasing salaries?
This thought constantly runs in the minds of Entrepreneurs that is easy to solve by providing Employers with a new take on ESOPs.
Employee Stock Option Plans is one of the strategies that is attracting, remunerating and retaining employees for any organization. This Strategy is something more than financial strategy that benefits both Employers as well as Employees.
Seeing the benefits from the Employers point of view, it helps them to maintain Liquidity, Motive and thereby improves productivity within the organization along with certain tax benefits in the hands of Employers. In a way, ESOPs are very fruitful for an organization as it renders entrepreneurs the option to hire and retain great talent without having to commit huge salaries that thereby solves liquidity issues of an organization. In a way, it also builds sense of belonging and accountability in the minds of the employees that is v helpful in growth and success of a company.
Understanding, What exactly is an ESOP ?
ESOPs is a type of Employee benefits scheme under which company offers its shares/stock options to Employees at a predetermined rate that is usually at discounted price.
Why should we offer ESOPs to Employees ?
• These options are granted to Employees to encourage them by acquiring ownership in the form of shares that helps in generating sense of belonging in the minds of employees.
• These stock options are also offered to retain high quality employees for the benefit of organization.
• It is tax favored strategy
• No Liquidity burden in the hands of Employers
• It creates a new sense of Transparency and accountability that creates more than just a play where employees are willing to work .
• It helps in growth and success of an organization as well.
Having explained ESOPs in brief, Statistics suggest that ESOPs improves an overall performance of an organization. And Companies that offer ESOPs continue to over perform companies that don’t offer ESOPs.
Seeing Benefits from Employees Perspective
Firstly, Employees have the benefit of acquiring shares at a nominal rate, and also selling it after a suitable tenure set by the employees and gaining the profit. If, for instance, the share prices of the company boom up, then a good deal of profit is gained by selling the share by employees. To clear it, ESOPs are a part of an employee’s salary, and hence, are taxable income. Hence, Taxed as per the provisions governed under the Income Tax Act, 1961.
Before deciding to grant ESOPs, it is crucial to understand the terms and conditions & Processes pertaining to ESOPs as Rules and laws pertaining ESOPs are quiet Stringent for which you definitely need help of an Expert who can help you understanding the process, laws, rules and policies to be set up for granting ESOPs in your organization and you also need to understand some very important points before issuing ESOPs.
The Important points that company should definitely take care of are for which you may need Expert Advice:
1) Who are eligible Employees to whom options can be granted?
2) Understanding the Process for issuing ESOPs.
3) Understanding compliances that needs to be followed every year by ESOP companies.
4) Understanding Documentation part for issuing ESOPs.
5) Understanding Taxation in the hands of Employer as well as Employee.
6) What happens to ESOPs when employees leave the company?
7) What happens to ESOPs when company is sold?
F.A.Q
What is the Purpose of an ESOP?
Owners have many options available with them while selling their company. An ESOP is an effective tool for ownership succession planning while enabling employees at the same time to share in the companys success
Can Private limited companies Issue ESOP?
Yes, Definitely Private Limited companies also can offer ESOPs to its employees subject to certain limitation in maximum number of Shareholders.
Who is Eligible for ESOP?
As per IRS, The maximum age an employer can impose to be eligible for an ESOP is 21. Moreover, he/she should be eligible for ESOP at the time of joining the company. An employer at his own discretion can restrict the eligibility to employees who serve two years of service but only if the plan is been immediately vested.
Who are eligible to get the ESOPs?
- Permanent Employees of the Company irrespective of where he works except the employee who is a promoter i.e who holds the shares.
- Directors of the Company whether they are whole time director or not but excludes independent directors i.e. directors who hold more than 10% shares.
Are ESOPs good for Employees?
Are ESOPs good for Employees?
Is the overall process of ESOP expensive?
No, considering that the overall saving in liquidity and the boost to the team morale, the cost of ESOP is nothing not just intangibly but also in a tangible manner. The overall cost will be less than the interest most companies will save on the saved liquidity.
What is Exercise price in ESOP?
With an ESOP, Employees are offered the right to buy a specific number of Shares of company stock at a specified price called the Grant price/ Exercise Price/ Strike Price within a specified number of years.
How is the price of the stock in ESOP determined and how often it to be valued?
The price of the stock in an ESOP is normally determined on an annual basis by a qualified valuation company.
The Value is based on many factors considering many aspects like current and projected performances of the company, Performance of similar traded companies, The outlook for the industry it operates and geographical area within which the company is operating along with economic outlook overall.
What happens to an ESOP when the company is sold?
In normal scenario, when a company is sold, the ESOP will usually terminate and the employee- owners of ESOPs receive cash proceeds for the stock they hold. However, in some cases it may even happen that your company may be sold to a company with its own ESOP. Normally, in such a scenario, you are offered ESOPs in the shares of the new company.
Can such ESOPs be used as collateral by employees?
Employees will not be able to pledge the ESOP account directly as collateral.