In M&A transactions, it is common for companies to cash out the vested equity awards of the target company and convert any unvested portion of the award into an award that will pay out in the future. In our latest guest blog post for the NASPP, we look at the various global tax and regulatory considerations and flag potential risks ranging from unfavorable tax treatment to compliance issues under local rules and regulations. To read…
When we are asked to review equity plans and related agreements governing equity awards and share purchase rights granted to participants in the United States and abroad, they often contain beneficiary designation provisions. While nice in theory, beneficiary designations are administratively burdensome and fraught with pitfalls, particularly outside the United States. As we’ve recently been helping several companies work through the ins and outs of the treatment of awards upon the death of a participant,…
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…
It’s easy to read current financial headlines and understand that it’s possible the US and other countries may be headed into or are currently already in an economic recession. Either way it doesn’t hurt to start preparing for a potential downturn. In such a downturn, it’s quite possible that corporate budgets will tighten and companies will be tasked with finding ways to stretch each dollar further than the quarter before. Equity stock plan administrators tasked…
Global equity award programs can be costly to the US parent corporation. One strategy to offset some of this expense can be to use recharge arrangements to transfer some of the cost to the local entities that award holders are employed by. This can produce a tax benefit at the local level that would not otherwise be available to the US parent. To consider if recharge arrangements should be included in your global equity plan,…
We are frequently asked whether equity award documentation provided by a multinational company to employees / service providers in another country must be provided in local language. Given a recent, significant development on this topic in Quebec, Canada, we thought it would be a good idea to revisit the requirements and recommendations related to translations for equity award documentation. For purposes of this post, we are assuming the parent company is a US-based company with…
The question of mid-offering period changes to employee stock purchase plans (ESPPs) has been coming up with unusual frequency, in some cases due to stock price volatility causing an earlier-than-expected shortage of shares and in others due to companies desiring to quickly make their plans more competitive in the ongoing battle for talent. Impact of a Modification of a Section 423 ESPP Option But a mid-offering change to the terms of a Code[1] Section 423…
Click here to read our guest blog on the NASPP blog.
The Baker McKenzie global pensions team is delighted to announce the launch of the Global Pensions Heatmap. The heatmap sets out key information and principal pension issues that companies should be aware of in over 40 jurisdictions across the world and provides a snapshot of Baker McKenzie’s international transactional pensions presence and expertise. Organisations are able to identify the type, complexity and transaction requirements of pensions funds across multiple jurisdictions all in one place by…
One of the most important issues that arises in any M&A transaction from a compensation perspective is the treatment of stock options, restricted stock, restricted stock units (RSUs) or other compensatory equity awards, whether vested or unvested, held by executives and other employees in the transaction. Below is a high-level summary of key issues to consider in managing equity awards in the transaction.1 Scope of Outstanding Equity Awards. The first step to determining the treatment…