Sample Phantom Stock Agreement With Company

State:
Multi-State
Control #:
US-CC-24-258
Format:
Word; 
Rich Text
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Description

The Sample Phantom Stock Agreement with Company outlines a Phantom Stock Plan that grants awards in the form of phantom units to eligible employees, primarily senior management, based on the value of the company's Common Stock. These phantom units do not confer actual equity ownership but instead create a hypothetical account tied to stock value, with payments made upon retirement, death, or disability, or after a specified vesting period lasting up to five years. The agreement ensures that participants can defer amounts and accrue dividends in the meantime, although units may be forfeited if employment ends for reasons other than death, disability, or retirement. The CEO recommends the distribution and vesting schedules, and the overall awards must be approved by the Board of Directors. For legal professionals, including attorneys and paralegals, this form is vital for structuring compensation strategies, ensuring compliance with regulations, and providing clarity to employees about their benefits. It's useful for owners and partners in making decisions about employee incentives and retention plans, while also assisting associates and legal assistants in preparing and managing such agreements.
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FAQ

Phantom stock plans are considered ?liability awards? for accounting purposes (assuming they will be settled in cash rather than stock). As such, the sponsoring company must recognize the plan expense ratably over the vesting period. Varying accrual schedules can be found in the market.

Phantom stock is a contract between an employer and an employee that grants the employee the right to receive a payment based on the value of the employer's stock. When granting phantom stock, the employer does not grant the employee any shares of the employer's stock.

Phantom stock plans are considered ?liability awards? for accounting purposes (assuming they will be settled in cash rather than stock). As such, the sponsoring company must recognize the plan expense ratably over the vesting period. Varying accrual schedules can be found in the market.

For example, suppose an employee received 10 phantom shares with a starting value of $7, and assume the shares are valued on the payment date at $15. At the date of payment the employee would receive $150 under a ?full value? plan and $80 under an ?appreciation only? plan.

In addition, for partnerships and LLCs that grant profits interests, such entities can also implement a phantom plan that incorporates both phantom stock and profits interests (see Drafting Note to Section 2.).

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Sample Phantom Stock Agreement With Company