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Employee Shareholder Agreement

Employee Shareholder Agreement Template for New Zealand

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Key Requirements PROMPT example:

Employee Shareholder Agreement

"I need an Employee Shareholder Agreement for a senior software developer in our New Zealand tech startup, with 1000 shares vesting over 4 years starting March 2025, including good/bad leaver provisions and pre-emptive rights."

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Document background
The Employee Shareholder Agreement is a crucial document for New Zealand companies implementing employee share ownership schemes. It's commonly used when companies want to attract and retain talent by offering equity participation, align employee interests with company growth, or create long-term incentive structures. The agreement must comply with New Zealand's Companies Act 1993, Employment Relations Act 2000, and Financial Markets Conduct Act 2013. It typically includes detailed provisions on share allocation, vesting schedules, voting rights, dividend entitlements, transfer restrictions, and what happens to shares upon employment termination. This document is particularly important for startups, growing companies, and established businesses looking to implement employee ownership programs while protecting company interests and ensuring regulatory compliance.
Suggested Sections

1. Parties: Identifies the company, the employee-shareholder, and any other relevant parties to the agreement

2. Background: Sets out the context of the agreement, including the employee's role and the purpose of share allocation

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. Employment Terms Reference: References the employment agreement and establishes the relationship between employment and shareholding

5. Share Allocation: Details the number, class, and terms of shares being allocated to the employee

6. Vesting Schedule: Specifies the vesting period and conditions for the allocated shares

7. Share Rights and Restrictions: Outlines voting rights, dividend rights, and any restrictions on share transfers

8. Termination Provisions: Describes what happens to shares upon termination of employment under various circumstances

9. Drag Along and Tag Along Rights: Sets out rights and obligations in case of company sale or major share transfers

10. Share Valuation: Establishes the method for valuing shares, particularly for buy-back situations

11. Confidentiality: Protects company confidential information and trade secrets

12. Restrictive Covenants: Non-compete and non-solicitation provisions

13. Dispute Resolution: Procedures for resolving disputes related to the agreement

14. General Provisions: Standard contract clauses including governing law, notices, and amendments

Optional Sections

1. Pre-emptive Rights: Detailed first right of refusal provisions for existing shareholders, used in smaller companies

2. Good Leaver/Bad Leaver Provisions: Detailed provisions defining circumstances of employment termination and corresponding share treatment

3. Share Buy-Back Mechanism: Specific procedures for company buy-back of shares, important for private companies

4. Tax Provisions: Detailed tax treatment and obligations, necessary for complex share schemes

5. Employee Share Trust: Provisions relating to share trust arrangements, used when shares are held in trust

6. IPO Provisions: Provisions for potential public listing, relevant for companies planning future IPO

7. Management Rights: Special provisions for senior employees receiving management shares

8. Dividend Policy: Specific dividend rights and policies, useful for companies with complex share classes

Suggested Schedules

1. Share Certificate: Copy of the share certificate or proof of allocation

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

3. Company Constitution Excerpts: Relevant sections of the company constitution affecting shareholding

4. Deed of Adherence: Form for employee to agree to existing shareholders' agreement

5. Share Valuation Methodology: Detailed methodology for share valuation

6. Regulatory Compliance Checklist: Checklist ensuring compliance with NZ securities laws

7. Tax Declaration Forms: Required tax forms and declarations

8. Transfer Notice Form: Standard form for initiating share transfers

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions












































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Relevant Industries

Technology

Professional Services

Financial Services

Healthcare

Manufacturing

Retail

Media and Entertainment

Biotechnology

Software Development

Consulting

Real Estate

Energy

Education

E-commerce

Telecommunications

Relevant Teams

Legal

Human Resources

Executive Leadership

Finance

Operations

Engineering

Product Development

Sales

Research and Development

Information Technology

Corporate Development

Administrative

Strategy

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Manager

Department Head

Technical Lead

Senior Developer

Senior Consultant

Key Account Manager

Product Manager

Research Director

Principal Engineer

Senior Analyst

Regional Manager

Practice Lead

Managing Director

Executive Director

Vice President

Senior Associate

Technical Specialist

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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