28/02/2022
ESOPs (Employee Stock Ownership Plan) and Incentive Plans
An employee stock ownership plan (ESOP) is a type of employee benefit plan whereby an employee acquires equity in the Company.
The employer gives a certain percentage of the equity of the Company to the employee for negligible or lower costs which remain in the ESOP trust fund until the options vest and the employee exercises them or the employee leaves/retires from the Company or institution.
ESOPs have been popular in the Western world and are now gaining popularity in Asia and Africa too.
ESOPs and Incentive plans are qualified retirement plans, succession plans, a market for non-publicly traded stock and employee incentive programs.
The objectives
To create a variable pay structure for senior employees, incentivise them in line with Company’s performance and retain and motivate senior and critical human resources, to promote loyalty to the Company. ESOPs have proven to be of immense value aimed at improving the overall workings of the Company and increasing the value of shares by involving equity holders, who are also employees, in the performance of the Company. These plans provide benefits to employees based on the value of the Company (Company’s equity value) and, in so doing, provide a powerful equity incentive that motivates employees to grow the value of the Company.
The mechanisms
Under these plans, options are granted to employees, giving them the right, but not an obligation, to purchase or subscribe at a future date the shares underlying the option offered by the Company at a pre-determined price.
When considering implementing these plans, there are a number of deliberations the current shareholders need to take into account including granting of the options, vesting of options, exercising options, exit plans, termination of employment, death and total and permanent disability, non-assignability, the rights of an employee in eligibility, change in capital structure or corporate action, amendment or termination of the plan etc.
Obviously, these plans are not for every employer. However, they may be the right fit for shareholders who do not want to sell to a competitor, for companies that want to get their employees invested in the success of the company or for those who want to sell the company but also provide a retirement benefit for the employees. There are numerous reasons to consider these plans. Whatever the reason, do not pass by the ESOP and Incentive plan concept without consideration.
The CFOO Centre has been advising and helping prepare these plans for many organisations.
Contact us on +254-722-714-190 / [email protected] to speak to us on ESOPs and Incentive Plans.
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