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During the vesting period, the shares sit in escrow. Once that period passes, the employee owns the shares without any restrictions and can sell them if they choose. Companies might also put shares or other assets into an escrow account as part of the payment in a merger with or acquisition of another company.
In California, there are two forms of escrow instructions generally employed: bilateral (i.e., executed by and binding on both buyer and seller) and unilateral (i.e., separate instructions executed by the buyer and seller, binding on each).
The escrow letter is typically issued by a title company and states that all necessary documents and funds related to the transaction have been received and will be processed when the transaction is completed.
The escrow agreement is a contract entered by two or more parties under which an escrow agent is appointed to hold in escrow certain assets, documents, and/or money deposited by such parties until a contractual condition is fulfilled.
Understanding Escrowed Shares Escrow is a process whereby money or a financial asset is held by a third party on behalf of two other parties. The assets or funds that are held in escrow remain there and are not released until all of the obligations outlined in the agreement are fulfilled.
Escrow agreements generally involve an independent third party, called an escrow agent, who holds an asset of value until the specified conditions of the contract are met. However, they should fully outline the conditions for all parties involved.
Escrow agreements are provided by independent escrow services whose trustworthiness must be assessed carefully. The agent is to be trusted with the holding and releasing of funds, which is a large responsibility and a noteworthy risk to both buyers and sellers.
Typically, the role of the escrow agent will be played by representatives from a title company, mortgage lender, or an attorney, but it can depend on the laws and customs in your state.