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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."
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
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
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
Technology
Financial Services
Professional Services
Manufacturing
Healthcare
Retail
Energy
Telecommunications
Real Estate
Construction
Consulting
Software Development
Biotechnology
Human Resources
Legal
Finance
Executive Leadership
Compensation & Benefits
Corporate Development
Accounting
Tax
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
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