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Phantom Stock Agreement Template for Belgium

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Key Requirements PROMPT example:

Phantom Stock Agreement

"I need a Phantom Stock Agreement under Belgian law for our private technology company, granting phantom stock units to three C-level executives with a 4-year vesting period starting March 2025, including specific performance targets linked to company revenue growth."

Document background
The Phantom Stock Agreement is utilized by Belgian companies seeking to provide equity-based incentives to key employees without diluting actual shareholding. This document is particularly relevant when companies want to retain and motivate valuable employees while maintaining existing ownership structures. The agreement typically includes detailed provisions on grant terms, vesting schedules, valuation methodologies, and payment conditions, all structured to comply with Belgian corporate, employment, and tax laws. It's especially useful for private companies, subsidiaries of foreign corporations, or organizations where direct equity participation is not feasible or desired. The Phantom Stock Agreement must carefully navigate Belgian regulatory requirements, including social security implications and corporate governance standards.
Suggested Sections

1. Parties: Identification of the company and the phantom stock recipient

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

3. Definitions: Detailed definitions including Phantom Stock Units, Fair Market Value, Vesting Date, Payment Event, etc.

4. Grant of Phantom Stock: Number of units granted and basic terms of the grant

5. Vesting Schedule: Detailed vesting timeline and conditions

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

7. Payment Terms: Conditions triggering payment and payment procedures

8. Termination Provisions: Effects of various types of employment/engagement termination

9. Tax and Social Security: Treatment of tax and social security obligations

10. Confidentiality: Confidentiality obligations regarding the agreement and company information

11. Data Protection: Handling of personal data under Belgian and EU law

12. Governing Law and Jurisdiction: Specification of Belgian law application and jurisdiction

13. General Provisions: Standard clauses including amendments, notices, and entire agreement

Optional Sections

1. Performance Conditions: Additional performance-based vesting conditions, used when phantom stock is tied to specific performance targets

2. Change of Control: Special provisions for corporate transactions, relevant for companies anticipating potential M&A activity

3. Non-Competition: Restrictions on competitive activities, typically for senior employees or in sensitive industries

4. International Tax Provisions: Special tax considerations for international recipients or cross-border payments

5. Corporate Governance: Additional provisions for listed companies or regulated entities

6. Clawback Provisions: Terms for recouping payments in case of misconduct, typically for senior executives

7. Additional Benefits: Any additional rights attached to phantom stocks like dividend equivalents

Suggested Schedules

1. Phantom Stock Certificate: Formal documentation of the phantom stock grant

2. Vesting Schedule Details: Detailed breakdown of vesting dates and quantities

3. Valuation Methodology: Detailed technical explanation of how phantom stock value is calculated

4. Tax Treatment Summary: Overview of applicable tax treatment and calculations

5. Form of Payment Election: Template for recipient to elect payment preferences where applicable

6. Performance Metrics: Detailed description of any applicable performance measurement criteria

7. Acceptance Form: Form for formal acceptance 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

Relevant legal definitions












































Clauses

































Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Healthcare

Retail

Energy

Telecommunications

Real Estate

Construction

Consulting

Software Development

Biotechnology

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Compensation & Benefits

Corporate Development

Accounting

Tax

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Senior Vice President

Managing Director

Department Head

Senior Manager

Key Technical Expert

Regional Director

Business Unit Leader

Senior Sales Executive

Research Director

Principal Engineer

Senior Consultant

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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