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Phantom Stock Option Agreement
"I need a Phantom Stock Option Agreement under South African law for our tech startup, covering 1000 phantom stock units with a 4-year vesting period starting March 2025, including special provisions for an anticipated IPO within the next 3 years."
1. Parties: Identification of the Company and the Option Holder (Employee)
2. Background: Context of the agreement and purpose of granting phantom stock options
3. Definitions and Interpretation: Key terms including 'Phantom Stock Unit', 'Fair Market Value', 'Vesting Date', 'Exercise Price', etc.
4. Grant of Phantom Stock Options: Details of the phantom stock units granted, including number of units and grant date
5. Vesting Provisions: Vesting schedule, conditions, and requirements for the phantom stock options
6. Exercise of Options: Process and conditions for exercising the phantom stock options
7. Payment Provisions: Calculation methodology for payments, timing, and payment mechanisms
8. Termination of Employment: Impact of various types of employment termination on the phantom stock options
9. Taxation: Tax implications and responsibilities of both parties
10. Administration: Management of the phantom stock option program and record-keeping requirements
11. General Terms: Standard contractual provisions including notices, amendments, and governing law
1. Change of Control: Provisions dealing with company sale, merger, or other change of control events - include if company anticipates such events
2. Non-Competition and Confidentiality: Additional restrictive covenants - include if not covered in separate agreements
3. International Provisions: Special provisions for cross-border arrangements - include if participant is foreign or if multiple jurisdictions involved
4. Clawback Provisions: Provisions for recovering payments in specific circumstances - include if required by company policy or regulatory requirements
5. Share Capital Adjustments: Provisions for adjusting phantom stock units in case of share splits or consolidations - include if company is likely to undergo capital restructuring
1. Schedule 1: Phantom Stock Option Certificate: Formal certificate detailing the specific grant including number of units, grant date, and exercise price
2. Schedule 2: Vesting Schedule: Detailed breakdown of vesting dates and conditions
3. Schedule 3: Valuation Methodology: Detailed methodology for calculating the Fair Market Value of phantom stock units
4. Schedule 4: Exercise Notice: Template form for option holder to exercise phantom stock options
5. Schedule 5: Tax Implications Summary: Detailed overview of tax treatment and calculations
6. Appendix A: Definitions: Extended definitions and technical terms if too lengthy for main agreement
7. Appendix B: Regulatory Compliance: Summary of relevant South African regulatory requirements and compliance measures
Authors
Financial Services
Technology
Professional Services
Manufacturing
Mining
Retail
Healthcare
Telecommunications
Energy
Real Estate
Construction
Agriculture
Education
Transportation
Consulting
Legal
Human Resources
Finance
Executive Management
Corporate Governance
Compensation and Benefits
Tax
Treasury
Compliance
Corporate Secretariat
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Human Resources Director
Legal Counsel
Company Secretary
Financial Director
Senior Manager
Department Head
Executive Director
Managing Director
Regional Manager
Division Head
Senior Executive
Vice President
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