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Jeff Bauman

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Tax and Legal Considerations for Global Tender Offers

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Private company tender offers and similar liquidity programs have become increasingly common in recent years, offering service providers a way to realize value from their equity awards and/or shares—without requiring the company to enter public markets. Our latest article provides a high-level overview to help privately held companies navigate the tax and legal complexities of launching a global tender offer. Structured in a FAQ format, the piece addresses the most frequent questions and challenges we encounter when U.S.…

International Considerations for Executive Severance Plans

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It is common practice for US-based multinational companies to adopt executive severance plans to provide for additional benefits to be paid to executives in the event of certain specified termination events, including those in connection with the change of control of the parent. These benefits may consist of cash payments, favorable treatment of equity awards, and/or other benefits (e.g., payment of health insurance premiums). These types of plans help companies recruit and retain talent and…

New Developments in Australian Tax and Securities Laws for Equity Awards

By 3 Mins Read

On February 10, 2022, the Australian Parliament passed legislation which eliminates termination of employment as a taxable event for Employee Share Scheme (ESS) awards that qualify for tax deferral (i.e., stock options, restricted stock, restricted stock units (RSUs), or an employee stock purchase plan offered to employees). ESS awards that qualify for tax deferral are subject to taxation when an “ESS Deferred Taxing Point” occurs. Currently, an employee’s termination of employment is one of the…