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Restricted Stock Unit Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Restricted Stock Unit Agreement

"I need a standard Restricted Stock Unit Agreement under Hong Kong law for our tech company's employees, with quarterly vesting over 4 years starting March 1, 2025, and standard clawback provisions for employee misconduct."

Document background
The Restricted Stock Unit Agreement serves as a crucial document for companies operating in Hong Kong that wish to provide equity-based compensation to their employees or service providers. It is typically used as part of a broader equity incentive plan, setting forth the specific terms under which RSUs are granted, including vesting conditions, settlement procedures, and tax implications. The agreement must comply with Hong Kong's regulatory framework, including the Securities and Futures Ordinance, Companies Ordinance, and relevant tax laws. This document is particularly important for companies looking to attract and retain talent while aligning employee interests with long-term company success. It includes provisions for RSU administration, restrictions on transfer, treatment upon employment termination, and data privacy considerations specific to Hong Kong's legal requirements.
Suggested Sections

1. Parties: Identification of the company granting the RSUs and the employee receiving them

2. Background: Context of the RSU grant, reference to any equity incentive plan, and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including 'RSUs', 'Vesting Date', 'Service Provider', etc.

4. Grant of RSUs: Details of the RSU award, including number of units and grant date

5. Vesting Schedule: Specific timeline and conditions for RSU vesting

6. Settlement of RSUs: Process and timing for converting vested RSUs into shares or cash

7. Taxation and Withholding: Tax obligations and company's rights to withhold taxes

8. Restrictions on Transfer: Limitations on ability to transfer, assign or encumber RSUs

9. Termination of Employment: Impact of employment termination on unvested and vested RSUs

10. Nature of Grant: Acknowledgments regarding the discretionary nature of the grant and employment rights

11. Data Privacy: Consent for collection and processing of personal data

12. General Provisions: Standard contractual terms including governing law, notices, and amendments

Optional Sections

1. Clawback Provisions: Used when company wants right to recoup RSUs in cases of misconduct or financial restatement

2. Change in Control Provisions: Added to address treatment of RSUs in event of company merger or acquisition

3. Malus Provisions: Include when company wants ability to reduce unvested RSUs for specified conduct

4. International Provisions: Added for employees working across multiple jurisdictions

5. Trust Arrangements: Include when RSUs are to be held in trust structure

6. Non-Competition and Non-Solicitation: Added when RSUs are tied to post-employment restrictive covenants

7. Dividend Equivalents: Include if RSUs will receive dividend equivalent payments

Suggested Schedules

1. Schedule 1 - Grant Notice: Details of specific grant including number of RSUs, grant date, and vesting schedule

2. Schedule 2 - Vesting Conditions: Detailed performance or time-based conditions for vesting

3. Schedule 3 - Administrative Procedures: Procedures for RSU administration, settlement and tax withholding

4. Appendix A - Data Privacy Notice: Detailed privacy notice and consent form for Hong Kong

5. Appendix B - Tax Summary: Summary of tax implications and obligations in Hong Kong

6. Appendix C - Country-Specific Terms: Additional terms applicable to specific jurisdictions if international provisions included

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
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Relevant Industries

Technology

Financial Services

Professional Services

Banking

Insurance

Telecommunications

Manufacturing

Real Estate

Healthcare

Retail

E-commerce

Media and Entertainment

Consulting

Biotechnology

Energy

Relevant Teams

Human Resources

Legal

Finance

Compensation and Benefits

Corporate Secretarial

Executive Management

Board of Directors

Compliance

Tax

Payroll

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Senior Vice President

Vice President

Director

Senior Manager

Manager

Software Engineer

Data Scientist

Financial Analyst

Sales Executive

Product Manager

Research Scientist

Legal Counsel

Human Resources Manager

Account Executive

Business Development Manager

Marketing Manager

Operations Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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