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Phantom Stock Agreement Template for Austria

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Key Requirements PROMPT example:

Phantom Stock Agreement

"I need a Phantom Stock Agreement under Austrian law for our Series B tech startup, implementing a plan for 15 senior developers with a 4-year vesting schedule starting March 2025, including specific provisions for an upcoming IPO."

Document background
The Phantom Stock Agreement serves as a strategic tool for companies operating under Austrian law to provide performance-based compensation without diluting actual equity. This document is typically used when companies want to offer long-term incentives to key employees while maintaining existing ownership structures, particularly relevant for private companies, subsidiaries of international corporations, or organizations not wanting to share actual equity. The agreement defines the mechanism for calculating and distributing financial benefits that mirror stock appreciation, including specific provisions for vesting, valuation, and payment triggers. It incorporates necessary elements to comply with Austrian corporate law, tax regulations, and employment legislation, while providing flexibility to adapt to various business contexts and compensation strategies.
Suggested Sections

1. Parties: Identification of the company and the phantom stockholder

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

3. Definitions: Key terms including Phantom Stock, Base Value, Appreciation Value, Trigger Events, etc.

4. Grant of Phantom Stock: Number of phantom stock units granted and their initial value

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

6. Valuation: Method and timing for calculating the value of phantom stock units

7. Payment Terms: Conditions and procedures for payment of phantom stock benefits

8. Term and Termination: Duration of the agreement and circumstances for termination

9. Administration: Details on how the phantom stock plan will be administered

10. Taxes and Social Security: Tax treatment and social security implications

11. Confidentiality: Obligations regarding confidential information

12. General Provisions: Standard clauses including governing law, amendments, notices, etc.

Optional Sections

1. Non-Competition: Restrictions on competing activities, include when additional protection is needed

2. Change of Control: Special provisions for company sale or merger, include for startups or companies considering exit

3. Clawback Provisions: Rights to recover payments in certain circumstances, include for regulated industries

4. International Tax Provisions: Special tax considerations for international employees, include for cross-border arrangements

5. Corporate Governance: Special voting or information rights, include for senior executives

6. Death and Disability: Special provisions for death or disability of the phantom stockholder, include based on company policy

Suggested Schedules

1. Vesting Schedule: Detailed timeline and conditions for vesting of phantom stock units

2. Valuation Methodology: Detailed formula and procedures for calculating phantom stock value

3. Notice of Exercise Form: Template for phantom stockholder to exercise their rights

4. Tax Treatment Summary: Overview of tax implications under Austrian law

5. Corporate Approval: Board resolution or other corporate approval of the phantom stock grant

Authors

Alex Denne

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

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Relevant Industries

Technology

Financial Services

Manufacturing

Professional Services

Healthcare

Retail

Software

Consulting

Biotechnology

Real Estate

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Sales

Product Development

Engineering

Research & Development

Corporate Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Vice President

Vice President

Director

Senior Manager

Department Head

Key Developer

Senior Engineer

Principal Consultant

Senior Sales Executive

Regional Manager

Country Manager

Managing Director

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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