California Employee Stock Purchase Plan

State:
Multi-State
Control #:
US-CC-19-153
Format:
Word; 
Rich Text
Instant download

Description

This sample form, a detailed Employee Stock Purchase Plan document, is a model for use in corporate matters. The language is easily adapted to fit your specific circumstances. Available in several standard formats.
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FAQ

An ESOP is an employee benefit plan that enables employees to own part or all of the company they work for. at fair market value (unless there's a public market for the shares). So, the employee receives the value of his or her shares from the trust, usually in the form of cash.

At the time of Vesting/Purchase: In RSUs, you don't pay anything to purchase shares. You just get it as part of the vesting schedule. So the market value of the shares at the time of vesting is considered as income and taxed ingly. In ESOP (and ESPP), the purchase price (or discount) of shares is pre-decided.

With stock-based compensation, employees in an early-stage business are offered stock options in addition to their salaries. The percentage of a company's shares reserved for stock options will typically vary from 5% to 15% and sometimes go up as high as 20%, depending on the development stage of the company.

ESOPs are expensive to set up, and expensive to maintain as an appraisal is required annually to stay in compliance. If the cash flow dedicated to the ESOP will greatly limit the cash available to reinvest in the business over the long-term, an ESOP is unlikely to be a good fit.

Disadvantages of Employee Stock Purchase Plans Ensuring the ESPP follows security and tax law guidelines can be challenging. A large amount of HR functions goes into administering the stock purchase plan. There are legal, tax, and administrative issues that go into setting up the plan.

The most notable difference between an ESOP vs ESPP is in how the employee receives the stock and when they can sell the stock. ESOPs provide the stock or shares at no cost to employees. ESPPs require participants to contribute funds to purchase shares of stock, though at a discounted rate.

ESPP Taxation ESPP shares are generally included in taxable income when you sell the shares. The spread between the FMV at purchase and the purchase price is included as wages at sale. Similar to ISOs, ESPP sales are either qualifying or disqualifying dispositions.

ESOPs are designed for prolonged, sustained growth by a business, and for a business that intends to operate for 10, 20, or more years into the future. An Equity Incentive Plan, in contrast, is geared more toward a change of control and exit from the business by service provider employees in 3-5 years (or less).

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California Employee Stock Purchase Plan