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Phantom Stock Agreement Template for Ireland

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Key Requirements PROMPT example:

Phantom Stock Agreement

"I need a Phantom Stock Agreement for our Irish private technology company, granting 1,000 phantom stock units to our new CTO with a 4-year vesting schedule starting March 1, 2025, and including standard termination provisions."

Document background
The Phantom Stock Agreement serves as a critical instrument for companies seeking to offer long-term incentives to key employees without diluting actual equity ownership. This document, structured under Irish law, creates a synthetic equity arrangement where participants receive units that mirror the economic benefits of actual stock ownership. The agreement is particularly valuable for private companies, family-owned businesses, or organizations with restricted ownership structures. The Phantom Stock Agreement typically includes detailed provisions for grant terms, vesting schedules, valuation methods, payment conditions, and tax treatment, all tailored to comply with Irish corporate, employment, and tax regulations. It's commonly used for executive compensation, employee retention, and succession planning, providing a flexible alternative to traditional equity-based incentives while maintaining existing ownership structures.
Suggested Sections

1. Parties: Identification of the company and the participant receiving the phantom stock rights

2. Background: Context of the agreement and purpose of the phantom stock plan

3. Definitions: Detailed definitions of key terms including 'Phantom Stock Unit', 'Fair Market Value', 'Vesting Date', 'Trigger Event', etc.

4. Grant of Phantom Stock Units: Details of the number of units granted and basic terms of the grant

5. Vesting Provisions: Schedule and conditions for vesting of the phantom stock units

6. Valuation Methodology: Detailed process for determining the value of phantom stock units

7. Payment Terms: Timing and method of payment for vested phantom stock units

8. Termination Provisions: Treatment of phantom stock units upon various types of employment termination

9. Tax Obligations: Tax treatment and responsibilities of both parties

10. Confidentiality: Provisions regarding the confidential nature of the agreement and plan details

11. Amendment and Administration: Company's rights to modify the plan and administrative procedures

12. Governing Law: Specification of Irish law as governing law and jurisdiction

Optional Sections

1. Change of Control Provisions: Special provisions for company sale or merger scenarios - include when there's a likelihood of corporate transactions

2. Non-Competition and Non-Solicitation: Restrictive covenants - include for senior employees or when required by company policy

3. Clawback Provisions: Rights to recoup payments in certain circumstances - include for regulatory compliance or risk management

4. Multiple Participant Provisions: Special terms for plans covering multiple employees - include when agreement serves as template for multiple grants

5. International Tax Provisions: Special tax considerations for international participants - include for non-Irish residents

6. Performance Conditions: Additional vesting conditions tied to performance metrics - include when part of compensation strategy

Suggested Schedules

1. Schedule 1: Grant Notice: Specific details of the phantom stock grant including number of units and grant date

2. Schedule 2: Vesting Schedule: Detailed timetable of vesting dates and percentages

3. Schedule 3: Valuation Formula: Detailed methodology and examples for calculating phantom stock value

4. Schedule 4: Participation Agreement: Form of agreement for participant acceptance

5. Schedule 5: Exercise Notice: Form for requesting payment of vested units

6. Appendix A: Tax Treatment Summary: Overview of tax implications under Irish law

7. Appendix B: Administrative Procedures: Detailed procedures for plan administration and communications

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

Manufacturing

Healthcare

Retail

Telecommunications

Real Estate

Energy

Construction

Media and Entertainment

Biotechnology

Software Development

Consulting

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Corporate Development

Operations

Sales

Research and Development

Product Development

Strategy

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Executive Director

Managing Director

Senior Vice President

Department Head

General Manager

Regional Director

Senior Manager

Key Account Manager

Technical Director

Principal Engineer

Senior Consultant

Head of Sales

Head of Development

Division 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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