Phantom Stock Award Agreement Template for Netherlands

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Key Requirements PROMPT example:

Phantom Stock Award Agreement

"I need a Phantom Stock Award Agreement under Dutch law for our senior software engineers, with a 4-year vesting schedule starting March 1, 2025, and including performance-based acceleration conditions tied to our company's revenue growth."

Document background
The Phantom Stock Award Agreement serves as a crucial document for companies operating under Dutch law who wish to implement equity-based incentive programs without diluting actual shareholding. This type of agreement is particularly valuable for private companies, subsidiaries of foreign corporations, or organizations where direct share ownership is not feasible or desired. The document outlines the complete framework for phantom stock awards, including grant terms, vesting conditions, valuation methodologies, and payment procedures. It ensures compliance with Dutch employment law, tax regulations, and corporate governance requirements while providing flexibility in structuring compensation. The agreement is designed to align employee interests with company performance and serve as a retention tool, particularly for key employees and executives.
Suggested Sections

1. Parties: Identification of the company granting the phantom stock awards and the employee receiving them

2. Background: Context of the phantom stock program and its purpose within the company's compensation strategy

3. Definitions: Detailed definitions of key terms including 'Phantom Stock Unit', 'Fair Market Value', 'Vesting Date', 'Performance Criteria', and other program-specific terminology

4. Grant of Phantom Stock Units: Details of the phantom stock units being awarded, including number of units and grant date

5. Vesting Schedule: Specific conditions and timeline for the vesting of phantom stock units

6. Valuation Method: Methodology for determining the value of phantom stock units at various points

7. Payment Terms: Conditions and procedures for payment of vested phantom stock units

8. Tax Implications: Overview of tax treatment and responsibilities regarding the phantom stock awards

9. Termination Provisions: Effects of various types of employment termination on phantom stock rights

10. Confidentiality: Provisions regarding the confidential nature of the agreement and program details

11. Amendment and Administration: Rules for program administration and procedures for amending the agreement

12. Governing Law and Jurisdiction: Specification of Dutch law as governing law and relevant jurisdiction

Optional Sections

1. Performance Criteria: Additional vesting conditions based on company or individual performance metrics, used when the program includes performance-based vesting

2. Change of Control Provisions: Special provisions for phantom stock treatment in case of company sale or merger, relevant for companies anticipating potential M&A activity

3. Clawback Provisions: Terms for recouping payments under specific circumstances, particularly relevant for senior executives or regulated industries

4. Non-Competition and Non-Solicitation: Restrictive covenants tied to the phantom stock award, typically used for senior employees

5. Works Council Approval: Reference to works council approval if required under Dutch law, necessary when works council consultation was needed

6. International Tax Provisions: Special provisions for cross-border tax implications, relevant for international employees or companies

Suggested Schedules

1. Schedule A - Phantom Stock Unit Details: Detailed breakdown of the phantom stock units granted, including grant date, number of units, and specific vesting dates

2. Schedule B - Valuation Methodology: Detailed explanation and examples of how phantom stock units will be valued, including specific formulas and calculation methods

3. Schedule C - Vesting Schedule: Detailed timetable of vesting dates and conditions, including any applicable performance criteria

4. Schedule D - Tax Treatment Examples: Illustrative examples of tax calculations and implications under different scenarios

5. Schedule E - Notice Forms: Template forms for various notices required under the agreement, such as exercise notices or termination notifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Healthcare

Retail

Energy

Construction

Real Estate

Telecommunications

Start-ups

Scale-ups

Private Equity

Family Businesses

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Compensation & Benefits

Tax

Corporate Development

Operations

Sales

Research & Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Senior Vice President

Vice President

Director

Senior Manager

Department Head

Key Account Manager

Senior Engineer

Principal Scientist

Senior Consultant

Regional Manager

Country Manager

Technical Lead

Product Manager

Sales Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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