South Carolina Employee Stock Option Plan

State:
Multi-State
Control #:
US-TC0910
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This stock option plan provides employees with a way to gain ownership in the company for which they work. The plan addresses SARs, stock awards, dividends and divided equivalents, deferrals and settlements, and all other subject matter generally included in stock option plans.

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FAQ

ESOP participants may have the right to vote on significant matters, such as mergers, sale of assets of the company, Board of Director elections, and more. The voting rights are exercised by the Trustee of the ESOP, who represents the collective interests of the employee-owners.

Examples of the ESOP Distribution Rules Retirement, death, or disability ? You retire in 2023 after turning 65. Distributions must begin the following year in 2024. Other terminations (non-leveraged) ? You leave the company in 2023 at age 30. Distributions can be delayed until 2029 (six years later).

The Companies Act of 2013 regulates corporations and allows for the allocation of shares to company employees. At least 75% of the shares must vote in favour of the ESOP. In certain instances, the corporation offers the employee shares in exchange for their wage at a set price.

Key Takeaways. An employee stock ownership plan (ESOP) is an employee benefit plan that gives workers ownership interest in the company in the form of shares of stock. ESOPs encourage employees to give their all as the company's success translates into financial rewards.

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.

Under federal tax law, owners of closely held companies can defer and possibly avoid tax on the gains made when selling stock to an ESOP?when the following conditions are met: The ESOP company is a C corporation at the time of the sale. The ESOP owns at least 30 percent of the company immediately after the sale.

ESOP Rules In an ESOP, a company sets up a trust fund, into which it contributes new shares of its own stock or cash to buy existing shares. Alternatively, the ESOP can borrow money to buy new or existing shares, with the company making cash contributions to the plan to enable it to repay the loan.

Participants can qualify for diversification after completing at least 10 years of plan participation and reaching their 55th birthday. If the fair market value of the participant's account balance is less than $500, the ESOP is not required to offer the opportunity to diversify.

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South Carolina Employee Stock Option Plan