Guide to implementing Employee Share Schemes

Implementing an employee share scheme is a complex process that requires careful planning and adherence to legal and regulatory requirements.

Here's a comprehensive guide for organisations looking to establish and manage an employee share scheme:

1. Understand the Objectives:

• Clearly define the goals of the share scheme. Determine whether it's meant to incentivize employees, attract top talent, retain key personnel, or achieve other strategic objectives.

2. Legal and Regulatory Compliance:

• Consult with legal experts to ensure compliance with all relevant laws and regulations, including tax laws and employment legislation.
• Identify the appropriate share scheme structure, such as the Enterprise Management Incentive (EMI), Share Incentive Plan (SIP), or other suitable schemes.

3. Design the Scheme:

• Decide on the type of shares employees will receive, such as ordinary shares, preference shares, or options.
• Determine the eligibility criteria, including who can participate (e.g., full-time employees, part-time employees, directors).
• Establish the vesting period (the period an employee must work before becoming eligible for shares).
• Set the valuation method for shares and decide whether employees will pay a fair market value or receive them for free.
• Create a clear plan for how employees can exercise their options or sell their shares, including exit strategies in case they leave the company.

4. Communication and Education:

• Clearly communicate the scheme's details to all eligible employees, including its benefits and potential risks.
• Offer education sessions or materials to help employees understand the scheme and its financial implications.
• Address employee questions and concerns regarding share ownership.

5. Implement the Scheme:

• Create the necessary legal documents and agreements, such as share option agreements or share purchase agreements.
• Set up a secure and efficient share registry system to track share ownership.
• Establish a timeline for launching the scheme and ensure that it is well-coordinated.

6. Tax Considerations:

• Ensure compliance with tax regulations, including income tax and capital gains tax.
• Offer guidance on the tax implications of participating in the scheme.

7. Administration and Record-Keeping:

• Establish a system for managing and tracking share allocations, transfers, and exercises.
• Maintain accurate records of share ownership and transactions.
• Develop a process for addressing administrative tasks, such as annual reporting and updates.

8. Regular Review and Evaluation:

• Continuously assess the effectiveness of the share scheme in achieving its objectives.
• Gather feedback from employees to identify areas for improvement.
• Be prepared to adapt the scheme to changing circumstances or organizational needs.

9. Employee Engagement:

• Promote active participation in the scheme, and encourage employees to take ownership of their shares.
• Highlight the benefits of share ownership in terms of financial growth and alignment with company goals.

10. Seek Professional Advice:

• Engage legal, financial, and tax experts to guide you through the entire process and ensure compliance with all regulations.

11. Transparency and Reporting:

• Provide regular updates to employees about the company's financial performance and its impact on share value.
• Maintain transparency regarding the scheme's terms, conditions, and changes.

12. Exit Strategy:

• Consider how shares will be handled in the event of an employee's departure, retirement, or sale of the company.
• Outline procedures for buying back shares or transferring ownership.

13. Communication Channels:

• Establish effective communication channels, such as dedicated web portals, to facilitate employee access to information about their shares and the scheme.

14. Employee Engagement:

• Continually engage with employees to ensure their understanding of the scheme and its value to them.

15. Compliance Monitoring:

• Regularly monitor and audit the scheme to ensure ongoing compliance with all legal and regulatory requirements.

Implementing an employee share scheme requires thorough planning, effective communication, and ongoing management. By following this comprehensive guide, organizations can create and manage a share scheme that aligns with their goals and enhances employee engagement and retention.