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Equity Award Agreement
"I need an Equity Award Agreement for our Philippine tech startup, granting restricted stock units to our senior developers with a 3-year vesting period starting March 2025, including special provisions for remote workers and accelerated vesting in case of acquisition."
1. Parties: Identification of the Company granting the award and the Employee/Recipient
2. Background: Context of the equity award program and reference to any underlying equity plan
3. Definitions: Key terms used throughout the agreement including Award, Plan, Shares, Vesting Date, etc.
4. Grant of Award: Details of the equity award including type, number of shares/units, and grant date
5. Vesting Schedule: Specific timeline and conditions for vesting of the award
6. Exercise Terms: Procedures, price, and conditions for exercising the award (if applicable)
7. Termination Provisions: Treatment of awards upon various types of employment termination
8. Transferability Restrictions: Limitations on transfer, assignment, or sale of the award
9. Tax Obligations: Tax responsibilities and withholding requirements under Philippine law
10. Compliance with Laws: Requirements for compliance with Philippine securities laws and regulations
11. Data Privacy Consent: Consent for processing personal information under Philippine Data Privacy Act
12. Governing Law: Specification of Philippine law as governing law and jurisdiction
13. Execution: Signature blocks and execution requirements
1. Change in Control Provisions: Include when the company wants to specify treatment of awards in case of merger, acquisition, or other corporate transactions
2. Clawback Provisions: Include when the company wants right to recoup awards in cases of misconduct or financial restatement
3. Non-Competition and Non-Solicitation: Include when the award is tied to post-employment restrictive covenants
4. Foreign Exchange Compliance: Include when recipient is non-Philippine resident or involves foreign currency
5. Electronic Acceptance: Include when agreement can be accepted through electronic means
6. Shareholder Rights: Include when specifying voting rights or dividend entitlements prior to vesting
1. Schedule 1 - Award Details: Specific details of the award including number of shares/units, grant price, and vesting dates
2. Schedule 2 - Vesting Schedule: Detailed breakdown of vesting dates and corresponding portions of the award
3. Schedule 3 - Exercise Notice: Form for exercising the award when applicable
4. Schedule 4 - Tax Computation Example: Illustrative example of tax implications and calculations
5. Appendix A - Equity Plan Terms: Summary or extract of relevant terms from the underlying equity plan
6. Appendix B - Consent Forms: Required regulatory or administrative consent forms including SEC clearances if required
Authors
Technology
Financial Services
Manufacturing
Professional Services
Telecommunications
Retail
Healthcare
Real Estate
Energy
Consumer Goods
Media and Entertainment
Business Process Outsourcing
Legal
Human Resources
Finance
Compliance
Corporate Secretariat
Executive Management
Compensation and Benefits
Payroll
Tax
Chief Executive Officer
Chief Financial Officer
Human Resources Director
Legal Counsel
Compensation and Benefits Manager
Corporate Secretary
Finance Manager
Human Resources Business Partner
Compliance Officer
Stock Plan Administrator
Employee Benefits Specialist
Senior Executive
Department Head
Vice President
Managing Director
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