template

Employee EMI Option Plan

by
Genie Team
Genie Team
Oct, 10 2023

When to use this template

The legal template titled "Employee EMI Option Plan under UK law" is a comprehensive document designed to establish, regulate, and govern a specific type of employee benefit plan known as the Enterprise Management Incentive (EMI) Option Plan. This template is tailored to comply with the legal framework and requirements under UK law.

The EMI Option Plan is a widely utilized incentive scheme in the United Kingdom, providing eligible employees with the opportunity to purchase shares in their employing company at a predetermined price or strike price. It is primarily implemented by small-to-medium-sized enterprises (SMEs) aiming to attract, motivate, and retain talented staff by offering them an additional stake in the company's success.

This legal template will include a range of crucial elements and provisions that define the structure, terms, and conditions of the EMI Option Plan. Some of the key components covered within the template may include:

1. Purpose and objectives: An introduction outlining the purpose and objectives of the EMI Option Plan, emphasizing its benefits in aligning employee interests with company performance, boosting productivity, and fostering long-term commitment.

2. Eligibility criteria: Detailed parameters defining the eligibility of employees who may participate in the EMI Option Plan, considering factors such as job roles, tenure, and other pertinent metrics.

3. Granting of options: Comprehensive guidelines on how options will be granted to eligible employees, including the specific number of shares, strike price, vesting schedule, and any performance-based criteria, if applicable.

4. Vesting and exercise of options: Detailed provisions outlining the duration and conditions for the vesting of granted options, as well as the procedure and timeline for employees to exercise their vested options to acquire shares.

5. Taxation considerations: An overview of the UK tax implications for both the company and employees participating in the EMI Option Plan, highlighting the potential reliefs and exemptions available under the EMI scheme.

6. Termination and restrictions: Definitions and consequences surrounding the termination of employment, outlining potential scenarios and the impact on vested or unvested options. Additionally, any post-employment restrictions on the transferability or disposal of shares acquired through the EMI Option Plan may be addressed.

7. Amendment and termination: Provisions allowing the company to modify or terminate the EMI Option Plan under certain circumstances, subject to legal requirements and employee consent where applicable.

By utilizing this legal template, businesses operating under UK law can establish a robust and compliant EMI Option Plan customized to their specific organizational needs. It enables employers to provide a compelling incentive for their employees, fostering loyalty, aligning interests, and driving collective success.

Key issues covered in this template

  • Definitions
  • Incorporated rules
  • Option agreement
  • Plural and singular
  • Reimbursing social security contributions
  • Sell shares
  • Similar provisions
  • Subordinate legislation
  • Tax liability
  • Terms of agreement
  • N/A

What to watch out for

  • The agreement should be used in conjunction with the EMI share option plan (exit only) rules

  • The agreement sets out the terms and conditions of the option

  • The agreement should be signed by the employee and the company

  • The agreement should be dated

  • The agreement should state the number of shares the employee is entitled to purchase

  • The agreement should state the exercise price of the option

  • The agreement should state the expiration date of the option

  • The agreement should state the vesting schedule of the option

  • The agreement should state the restrictions on the transfer of the option

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Used by

Author

Genie Team

Genie Team

@genieteam
Genie AI

The Genie Team consists of lawyers and paralegals. Our aim is to open source the law and provide high quality, regularly reviewed legal documents.

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Additional information

Business categories

Business activities

Relevant sectors

Finance

Other

Relevant company sizes

1 - 3

20 - 49

250 - 999

4 - 19

50 - 249

1000 +

Governing law

England and Wales

Language

English UK

Gender neutral

Yes