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Phantom Share Agreement
"Need a Belgian law Phantom Share Agreement for our tech startup's senior developers, granting 1000 phantom shares each to 5 employees with a 4-year vesting period starting March 2025, including special provisions for IPO events."
1. Parties: Identification of the company issuing phantom shares and the recipient
2. Background: Context of the phantom share grant and program objectives
3. Definitions: Detailed definitions of key terms including Phantom Shares, Fair Market Value, Vesting Date, etc.
4. Grant of Phantom Shares: Details of the phantom shares being granted, including number and grant date
5. Vesting Provisions: Timeline and conditions for vesting of phantom shares
6. Valuation Mechanism: Method for calculating the value of phantom shares
7. Payment Terms: Conditions and procedures for payment of phantom share value
8. Termination Provisions: Rights and obligations upon termination of employment or service
9. Corporate Events: Treatment of phantom shares in case of mergers, acquisitions, or other corporate events
10. Tax and Social Security: Tax treatment and social security implications
11. Confidentiality: Confidentiality obligations regarding the agreement terms
12. Amendment and Administration: Procedures for modifying the agreement and program administration
13. Governing Law and Jurisdiction: Specification of Belgian law application and dispute resolution
1. Employment Relationship: Required when phantom shares are part of employment compensation, detailing relationship with employment terms
2. Performance Conditions: Include when vesting is tied to specific performance metrics or conditions
3. International Provisions: Required when agreement covers participants in multiple jurisdictions
4. Non-Competition and Non-Solicitation: Optional restrictive covenants that may be included for key employees
5. Data Protection: Detailed GDPR compliance provisions when extensive personal data processing is involved
6. Currency Conversion: Required when payments may be made in multiple currencies
7. Clawback Provisions: Optional provisions for recouping payments in specific circumstances
1. Schedule 1 - Grant Notice: Specific details of the phantom share grant including number of shares and grant date
2. Schedule 2 - Vesting Schedule: Detailed timeline of vesting dates and conditions
3. Schedule 3 - Valuation Methodology: Technical details of how phantom share value will be calculated
4. Schedule 4 - Performance Metrics: Detailed description of any applicable performance conditions
5. Schedule 5 - Administrative Procedures: Procedures for exercising rights and receiving payments
6. Appendix A - Tax Treatment Summary: Summary of tax implications in relevant jurisdictions
7. Appendix B - Corporate Events Procedures: Detailed procedures for handling various corporate events
Authors
Technology
Financial Services
Professional Services
Manufacturing
Biotechnology
Healthcare
Consulting
Software Development
E-commerce
Private Equity
Venture Capital
Real Estate
Telecommunications
Human Resources
Legal
Finance
Executive Leadership
Administration
Compensation & Benefits
Corporate Development
Treasury
Tax
Accounting
Risk Management
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Senior Manager
Department Head
Key Account Manager
Senior Consultant
Technical Director
Sales Director
Research Director
Project Manager
Senior Developer
Principal Engineer
Executive Director
Managing Partner
Country Manager
Regional Director
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