Florida Phantom Stock Plan of Hercules, Inc.

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Multi-State
Control #:
US-CC-24-258
Format:
Word; 
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This sample form, a detailed Phantom Stock 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

How to Create a Phantom Shares Plan? Size of the plan (pool size): defining the % of shares that you want to allocate is critical. ... Vesting period: the period over which the shares will be vested. ... Vesting schedule: Simple structure is the most common (in case of 4 years of vesting, 25% of shares are vested each year).

Phantom stock may be hypothetical, however, it still can pay out dividends and it experiences price changes just like its real counterpart. After a period of time, the cash value of the phantom stock is distributed to the participating employees.

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.

In a ?full value? phantom stock plan, the plan participant receives a cash payment equal to the value of the underlying asset (common stock) of the phantom stock at redemption. For example, assume the issuing price of the phantom stock is $10. At redemption, the company's common share price was $30.

The answer involves two variables: (a) the presumed value of the company, and (b) the number of shares to be used in the plan. Once these two answers are known, the phantom share price is calculated as the former (the value) divided by the latter (the number of shares).

5 Tips for Creating a Phantom Stock Plan Understand what you are ? and aren't ? offering. Phantom stock is essentially a contract in which you promise to pay cash to an employee once certain conditions are met. ... Set a proper valuation. ... Create your shares. ... Decide how to award stock. ... Set a reward schedule.

For example, capping the cash payment to a company share price limit of $50. If the issuing phantom stock price is $30, and the company's share price at redemption is $100, the cash payment per phantom stock would be capped at $50 ? $30 = $20.

Payments from phantom stock plans are subject to typical income taxes, not capital gains taxes. In turn, companies can deduct phantom plan payouts the year the employee reports the income. Employers must ensure their plans follow federal laws in section 409A of the Internal Revenue Code (IRC).

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Florida Phantom Stock Plan of Hercules, Inc.