Create Your ESS Offer and Plan For Free

  • Icon Australiasuitable for all Australian states and territories
  • Calendarlast updated June 2018
  • Stopwatchunder 15 minutes
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Document Overview

Under the new changes to the Tax Act, effective from 1 July 2015, a special "ESS Start-Up Concession" is available to eligible companies. This ESS Documentation consists of two Government standardised documents and a Board Resolution which you require when implementing your ESS. The Employee Option Plan establishes the company's ESS for Options. The Offer Letter is used to offer Options to eligible employees and the specific terms of the Offer to each employee. A Board Resolution is used for approval of that employee's participation in the company's Employee Option Plan.

Use this ESS Documentation if: 

- you are establishing an Employee Share Scheme for Options and would like to offer Options to eligible employees.

Why do you need this ESS Documentation?

You need an ESS Offer and Plan to establish the Employee Option Plan and to set out specific terms of an Offer of Options to an employee. Apart from being legally compliant, it is important to clearly state any specific terms when offering Options to prevent disputes.

What is included in this ESS Documentation?

- company details
- employee details
- offer letter and acceptance of offer letter
- administration of option plan and delegation
- treatment of options for leavers
- issue of ordinary shares in respect of exercising options
- procedure on exit event
- listings
- reorganisation event
- no effect
- exercise price of options and market value of shares
- number of options
- default vesting conditions or customised vesting conditions
- restrictions on disposal of options
- board resolution to approve participation 
- option exercise notice

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