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Employee Shareholder Agreement Template for Malaysia

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Key Requirements PROMPT example:

Employee Shareholder Agreement

"I need an Employee Shareholder Agreement for a Malaysian technology startup, offering 5% equity to our new Chief Technology Officer who will join in March 2025, with a 3-year vesting period and standard good/bad leaver provisions."

Document background
The Employee Shareholder Agreement is a crucial document for Malaysian companies implementing employee share ownership schemes as part of their talent retention and corporate growth strategies. It serves as the primary legal framework governing the relationship between the company and employees who hold or will hold shares, ensuring compliance with Malaysian corporate, employment, and securities laws. This agreement is typically used when companies want to offer shares to key employees, implement employee stock option plans, or create long-term incentive schemes. It addresses critical aspects such as share vesting schedules, performance conditions, good/bad leaver provisions, and share transfer restrictions, while also ensuring alignment with Malaysian regulatory requirements, including those under the Companies Act 2016 and Securities Commission guidelines.
Suggested Sections

1. Parties: Identification of the Company, the Employee Shareholder, and any other relevant parties to the agreement

2. Background: Context of the agreement, including employment status and purpose of share issuance

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Share Allocation: Details of shares being issued/transferred, including number, class, and value

5. Payment Terms: Terms of payment for shares, including any employee purchase schemes or company financing

6. Vesting Provisions: Schedule and conditions for share vesting, including any performance conditions

7. Rights and Restrictions: Shareholder rights, voting rights, dividend rights, and any restrictions on share transfers

8. Good Leaver/Bad Leaver Provisions: Definition and consequences of different types of employment termination

9. Transfer Restrictions: Limitations on share transfers and required procedures

10. Tag-Along and Drag-Along Rights: Rights in case of company sale or major share transfers

11. Confidentiality: Obligations regarding company and business confidential information

12. Non-Competition and Non-Solicitation: Restrictions on competitive activities and employee/client solicitation

13. Termination: Circumstances and procedures for terminating the agreement

14. General Provisions: Standard clauses including governing law, notices, and amendment procedures

Optional Sections

1. Share Buy-Back Provisions: Terms for company repurchase of shares - include when company wants right to buy back shares

2. Employee Loans: Terms of any company loans to facilitate share purchase - include if financing is offered

3. Performance Targets: Specific performance conditions linked to share rights - include for performance-based schemes

4. Dividend Policy: Specific dividend rights and policies - include for preference shares or special dividend arrangements

5. Board Representation: Rights to board representation - include for senior employees or large shareholdings

6. Tax Provisions: Specific tax treatment and obligations - include for complex tax structures or international employees

7. Dispute Resolution: Detailed dispute resolution procedures - include for high-value agreements or complex arrangements

8. Family Member Provisions: Rules regarding transfer to family members - include for family-owned businesses

Suggested Schedules

1. Share Details: Detailed description of share class, rights, and numbers

2. Vesting Schedule: Detailed timeline and conditions for share vesting

3. Deed of Adherence: Form for new shareholders to sign up to the agreement

4. Company Constitution Extracts: Relevant sections of the company constitution affecting shareholding

5. Share Valuation Methodology: Agreed method for valuing shares for transfers or buybacks

6. Competitor List: List of identified competitors for non-compete provisions

7. Performance Metrics: Detailed performance targets and measurement criteria

8. Required Notices and Forms: Templates for various notices required under the agreement

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

Retail

Healthcare

Education

Construction

Real Estate

Energy

Telecommunications

Consumer Goods

Media and Entertainment

Biotechnology

Consulting

Relevant Teams

Legal

Human Resources

Finance

Executive Leadership

Corporate Secretarial

Compliance

Operations Management

Senior Management

Board of Directors

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Managing Director

Senior Manager

Department Head

Technical Lead

Senior Engineer

Senior Developer

Key Account Manager

Sales Director

Regional Manager

Research Director

Principal Consultant

Senior Analyst

Product Manager

Operations Manager

Business Unit Head

Practice Leader

Senior Architect

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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