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Equity Incentive Agreement Template for Singapore

A Singapore-governed agreement that establishes the terms and conditions for granting equity-based incentives to employees or other eligible participants. The document outlines the specifics of share options or other equity instruments, including vesting schedules, exercise prices, and conditions for exercise, while ensuring compliance with Singapore's Companies Act, Securities and Futures Act, and relevant tax regulations. It serves as a legally binding instrument to align the interests of the company and its key personnel through equity participation.

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What is a Equity Incentive Agreement?

The Equity Incentive Agreement is a crucial document in Singapore's corporate landscape, used when companies wish to offer equity-based compensation to attract, retain, and motivate key personnel. It provides a comprehensive framework for granting and managing equity incentives while ensuring compliance with Singapore's regulatory requirements. The agreement typically includes detailed provisions on grant terms, vesting conditions, exercise procedures, and restrictions on transfer, making it essential for companies implementing employee stock option plans or other equity-based compensation schemes. This document is particularly relevant in today's competitive talent market where equity compensation has become a standard component of total remuneration packages.

What sections should be included in a Equity Incentive Agreement?

1. Parties: Identification of the company and the option recipient

2. Background: Context of the equity incentive scheme and its purpose

3. Definitions: Key terms used throughout the agreement

4. Grant of Options: Details of the options being granted, including number and class of shares

5. Exercise Price: Price at which options can be exercised

6. Vesting Schedule: Timeline and conditions for option vesting

7. Exercise Period: Timeframe during which options can be exercised

8. Termination Provisions: Consequences of employment termination on options

What sections are optional to include in a Equity Incentive Agreement?

1. Change of Control Provisions: Treatment of options in case of company sale/merger - used for companies considering potential exit scenarios

2. Lock-up Period: Restrictions on selling shares after exercise - used when company wants to ensure long-term holding

3. Clawback Provisions: Company's right to recover shares/options - used when misconduct or performance issues are concerns

What schedules should be included in a Equity Incentive Agreement?

1. Option Certificate: Formal document evidencing the grant of options

2. Vesting Schedule: Detailed breakdown of vesting dates and conditions

3. Exercise Notice: Template form for exercising options

4. Shareholders Agreement: Key terms affecting option holders post-exercise

5. Tax Treatment Summary: Overview of tax implications for option holder

Authors

Alex Denne

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

Jurisdiction

Singapore

Publisher

Ƶ

Document Type

Equity Agreement

Cost

Free to use

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