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Stock Appreciation Rights Agreement

Stock Appreciation Rights Agreement Template for New Zealand

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Key Requirements PROMPT example:

Stock Appreciation Rights Agreement

"I need a Stock Appreciation Rights Agreement for our New Zealand tech startup that grants SARs to our senior developers, with a 4-year vesting period starting March 2025 and special provisions for accelerated vesting in case of an IPO."

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Document background
The Stock Appreciation Rights Agreement is utilized when companies want to provide employees with equity-linked compensation without diluting actual shareholding. This document, governed by New Zealand law, establishes a synthetic equity arrangement where employees can benefit from company value appreciation similar to stock options, but receive cash payments rather than shares. It's particularly useful for private companies, subsidiaries of international corporations, or organizations seeking to maintain existing ownership structures while still offering competitive compensation packages. The agreement includes essential details about grant size, vesting conditions, calculation methods, exercise procedures, and payment terms, all structured to comply with New Zealand tax, employment, and securities regulations.
Suggested Sections

1. Parties: Identifies the company granting the SARs and the employee receiving them

2. Background: Explains the context of the agreement and the company's SAR program

3. Definitions: Defines key terms including 'Base Price', 'Fair Market Value', 'Vesting Date', 'Exercise Period', and other relevant terms

4. Grant of SARs: Specifies the number of SARs granted and their basic terms

5. Vesting Schedule: Details when and under what conditions the SARs will vest

6. Calculation of SAR Value: Explains the methodology for calculating the appreciation in value and resulting payment

7. Exercise of SARs: Procedures and conditions for exercising vested SARs

8. Payment Terms: Specifies how and when payments will be made upon exercise

9. Term and Expiration: States the duration of the SARs and when they expire

10. Termination of Employment: Addresses what happens to SARs upon various types of employment termination

11. Tax Obligations: Outlines tax implications and responsibilities

12. Administration: Details about how the SAR program is administered

13. General Provisions: Standard contractual terms including amendments, notices, governing law, etc.

Optional Sections

1. Change in Control: Include when the company wants to specify what happens to SARs in case of a merger, acquisition, or other change in control

2. Non-Competition and Non-Solicitation: Include when the company wants to tie SAR benefits to post-employment restrictive covenants

3. Clawback Provisions: Include when the company wants the right to recoup SAR payments under certain circumstances

4. International Supplement: Include when the SAR agreement needs to address cross-border tax or legal implications

5. Performance Conditions: Include when vesting is tied to specific performance metrics beyond time-based vesting

6. Shareholder Approval: Include when the SAR grant requires shareholder approval under company policies or applicable laws

Suggested Schedules

1. Schedule 1 - Grant Notice: Details of the specific grant including number of SARs, base price, and vesting dates

2. Schedule 2 - Vesting Schedule: Detailed breakdown of the vesting timeline and any applicable conditions

3. Schedule 3 - Exercise Notice: Template form for exercising vested SARs

4. Schedule 4 - Valuation Methodology: Detailed explanation of how the SAR value will be calculated

5. Appendix A - Tax Summary: Summary of tax implications under New Zealand law

6. Appendix B - Definitions: Extended definitions of technical terms used in the agreement

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
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Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Retail

Healthcare

Telecommunications

Energy

Real Estate

Media and Entertainment

Mining and Resources

Construction

Agriculture

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Compensation and Benefits

Corporate Governance

Payroll

Accounting

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Executive Director

Senior Manager

Department Head

Regional Manager

Sales Director

Technical Lead

Senior Engineer

Product Manager

Key Account Manager

Research Director

Senior Consultant

Principal Scientist

Division Head

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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