From time to time, and if the company has the capacity, they can only issue a notice of sale of shares to their employees. This is called Employee Share Scheme (ESS) or Employee Share Option Plan (ESOP). When a company takes an ESS/ESOP, it must clearly define in the SHA the procedure for introducing new salaried shareholders, the sale of shares and a mandatory buy-back procedure in the event of the departure or termination of the company. The latter contains all the details of the remuneration of the shares held by the employee at the time of resignation or dismissal. If this is the case, shareholders must sign, with pre-emption rights, a waiver of all options granted under the ESOP (and all shares issued as part of the exercise of these options). If necessary, you should ask your corporate secretary to prepare this waiver to these shareholders as well. The main advantage of an ESOP is the source of pension funds. If a free movement officer is ready to retire, the agreement allows the employee to take the proceeds from her ESOP account and receive these funds either as a lump sum or as regularly scheduled payments. The outgoing employee then sells the stock to the Trust. Employees can resell the ESOP stock to the Trust, even in the event of death or disability, or in the case of an outgoing company. The appointment of an ESOP agent could also reduce the need to disclose to all parties concerned the economically sensitive provisions of the shareholders` pact (unless they are parties to the agreement in other capacities). Vesting refers to the length of a worker`s employment before he or she receives a certain benefit.
An ESOP agreement defines the staff laying plan in the form of “cliff” vesting or “graduated” vesting. In “Cliff” Vesting, the employee is fully equipped after the first three years of service, but receives no benefits until then. With regard to “graduated” free movement, the worker enjoys a steady increase in the percentage of benefits available each year until fully endowed. While there are a number of classes of shares, the two most common are common shares and preferred shares. The difference between common shares and underwriting shares is that persons who have preferred shares have the first rights to their dividends when paying dividends during the year and are capped for preferred shares.