How do retiring owners of private companies enable the company to continue growing, while realising the value of their shareholding without a ready market for the shares? A Succession Employee Share Ownership Plan (SESOP) allows key employees to buy into the company, motivating them to grow its value even as the founder sells down.
As well as increasing long-term alignment of executives, Equity Banks are useful to the executives themselves, shareholders and governance groups – for both listed and unlisted companies.
High-potential, cash-limited ASX listed companies need to efficiently compete for talent at all employee levels without the ESOP start-up tax concessions available to unlisted companies. A tax-efficient, cost-effective alternative is granting Premium Exercise Priced Options (PEPOs).
In 2022, hastily drafted amendments to the Corporations Act tried to address long-standing problems with the regulation of Employee Share Schemes (ESS). The new Division 1A of Part 7.12 only partly succeeded. After lobbying by GRG and others, substantial changes were made. This insight provides a summary of the final framework and key outcomes, actions and issues.
Poor drafting of legislation intended to support widespread use of equity by unlisted companies instead prevented most from developing a compelling ESOP. Complete with a decision tree, this Insight will help you determine whether now is the right time to consider a new ESOP or even a replacement.
From 30 September 2022, recent amendments to the Corporations Act will create a new regime governing Employee Share Schemes (ESSs) designed to remedy the impediments to both listed and unlisted companies trying to introduce an ESS. In this Insight we outline the new regime.