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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."
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.
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
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
Technology
Financial Services
Manufacturing
Professional Services
Healthcare
Retail
Software
Consulting
Biotechnology
Real Estate
Human Resources
Legal
Finance
Executive Leadership
Operations
Sales
Product Development
Engineering
Research & Development
Corporate Development
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
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