The Phantom Stock Award Agreement is utilized by Australian companies seeking to provide long-term incentive compensation without diluting actual company ownership. This document is particularly relevant when companies want to reward and retain key employees while maintaining their existing shareholding structure. The agreement is commonly used by private companies, start-ups, and subsidiaries of foreign corporations operating in Australia. It must comply with Australian corporate and tax laws, including the Corporations Act 2001 (Cth) and relevant tax legislation. The document typically includes detailed provisions on vesting schedules, valuation methods, payment terms, and tax implications, allowing companies to simulate the economic benefits of stock ownership while maintaining control over their equity structure.
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1. Parties: Identification of the company and the award recipient
2. Background: Context of the phantom stock award program and its purpose
3. Definitions: Key terms used throughout the agreement including Phantom Stock Unit, Fair Market Value, Vesting Date, etc.
4. Grant of Phantom Stock Units: Details of the phantom stock units being awarded, including number of units and grant date
5. Vesting Schedule: Timing and conditions for vesting of the phantom stock units
6. Valuation Methodology: Method for determining the value of phantom stock units
7. Payment Terms: Timing and form of payments upon vesting of phantom stock units
8. Tax Obligations: Tax withholding requirements and responsibilities of both parties
9. Termination Provisions: Impact of employment termination on phantom stock units
10. Confidentiality: Obligations regarding confidential information related to the agreement
11. General Provisions: Standard legal provisions including governing law, amendments, and notices
1. Change in Control Provisions: Special provisions that apply in case of company merger, acquisition, or other change in control
2. Non-Competition and Non-Solicitation: Restrictive covenants to protect company interests, if applicable
3. Clawback Provisions: Provisions for recouping payments in case of misconduct or financial restatement
4. International Tax Provisions: Additional tax considerations for international employees
5. Dividend Equivalent Rights: Provisions for phantom dividend payments if company offers dividends
6. Administrative Committee: Establishment and powers of a committee to administer the phantom stock program
1. Schedule A - Vesting Schedule: Detailed breakdown of vesting dates and conditions
2. Schedule B - Valuation Formula: Detailed methodology for calculating phantom stock unit value
3. Schedule C - Award Notice: Form of notice confirming specific details of individual award
4. Schedule D - Payment Election Form: Form for recipient to elect payment timing and method where applicable
5. Schedule E - Tax Treatment Summary: Summary of tax implications and treatment in various scenarios
6. Appendix 1 - Definitions: Extended definitions and interpretations if too lengthy for main agreement
7. Appendix 2 - Consent Forms: Required legal and tax consent forms
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