Minnesota Employee Stock Purchase Plan

State:
Multi-State
Control #:
US-CC-19-153
Format:
Word; 
Rich Text
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Description

This sample form, a detailed Employee Stock Purchase Plan document, is a model for use in corporate matters. The language is easily adapted to fit your specific circumstances. Available in several standard formats.
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FAQ

An ESPP is a program in which employees can purchase company stock at a discounted price. Income or loss from the sale of shares you purchased through an ESPP is generally taxed as a capital gain or loss, though there are holding period requirements.

An ESOP is an employee benefit plan that enables employees to own part or all of the company they work for. at fair market value (unless there's a public market for the shares). So, the employee receives the value of his or her shares from the trust, usually in the form of cash.

ESOPs are designed for prolonged, sustained growth by a business, and for a business that intends to operate for 10, 20, or more years into the future. An Equity Incentive Plan, in contrast, is geared more toward a change of control and exit from the business by service provider employees in 3-5 years (or less).

The term employee stock option (ESO) refers to a type of equity compensation granted by companies to their employees and executives. Rather than granting shares of stock directly, the company gives derivative options on the stock instead.

Disadvantages of Employee Stock Purchase Plans Ensuring the ESPP follows security and tax law guidelines can be challenging. A large amount of HR functions goes into administering the stock purchase plan. There are legal, tax, and administrative issues that go into setting up the plan.

ESOPs are expensive to set up, and expensive to maintain as an appraisal is required annually to stay in compliance. If the cash flow dedicated to the ESOP will greatly limit the cash available to reinvest in the business over the long-term, an ESOP is unlikely to be a good fit.

The most notable difference between an ESOP vs ESPP is in how the employee receives the stock and when they can sell the stock. ESOPs provide the stock or shares at no cost to employees. ESPPs require participants to contribute funds to purchase shares of stock, though at a discounted rate.

With stock-based compensation, employees in an early-stage business are offered stock options in addition to their salaries. The percentage of a company's shares reserved for stock options will typically vary from 5% to 15% and sometimes go up as high as 20%, depending on the development stage of the company.

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Minnesota Employee Stock Purchase Plan