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Decoding The Role Of ESOPs In Startups And Private Limited Companies

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In recent times, ESOPs have become common phenomena among companies to retain top talent. ESOPs are an attractive proposition for employees and is of huge importance in the corporate sector today.

This goes without saying that the Employee Stock Options in India has gained immense popularity in the recent times with the emergence of a vibrant startup ecosystem in the country.

In today’s age, the high-performing employees are not contended with mere salary as they have a drastic change in their mindset. Employee Stock Option Plans (ESOP) or Employee Stock Option Schemes (ESOS) have proved to be great tools in order to build a talented team which is extremely crucial in today’s business environment.

Here is a brief on the Employee Stock Options in a private limited company.

What Is Employee Stock Option Plan (ESOP)

The Employee Stock Option Plan (ESOP) is the option that is being offered by a company to employees to purchase the shares of the company at a future date at pre-determined prices. ESOPs provide the employee a right to purchase the share, but not an obligation, to purchase a certain amount of shares in the company at a predetermined price for a number of years.

It is crucial to keep certain points in mind while planning an ESOP:

The Importance Of ESOP

Offering of the ESOPs would certainly continue to be a great way especially for startups in order to recruit the highest performers in to their teams.

The idea behind the offering of ESOPs to the employees is in order to bring in the interest of the employees into the company. The shareholders are certainly interested in maximising the overall value of the shares offered by the company in order to improve the overall financial and operational performance of the concerned company.

Therefore, by providing the ESOPs to the employees, they are rewarded whenever the stock price increases. So when the company issues ESOPs to the employees, then the shareholders and the employees strive to chase a common goal.

ESOPs Offering In A Private Limited Company

There are certain rules which are to be adhered to while offering ESOP in a Private Limited Company in India:

  1. ESOP are legally provided to the following categories of employees:
  1. ESOP is not allowed to be offered to any employee who is a promoter or any person who belongs to the promoter group or a Director who either himself or through his relatives directly or indirectly holds more than 10% of the outstanding equity shares of the concerned company.
  2. The ESOP has to be necessarily approved by the shareholders of the concerned company by passing a special resolution accompanied with an explanatory statement.
  3. The company which is granting ESOP will hold the option of determining the exercise price of the ESOP.
  4. There has to be a minimum period of one year between the grant of option and the option of vesting.
  5. The ESOP granted to an employee is non-transferable.
  6. Each year the Board of Directors should report about the ESOP plan in the Directors Report.
  7. The concerned company should maintain an ESOP Register and thus maintain all the information about ESOP that are granted to the employees.

[The author Ankan Bose is the Head of Content at Quickcompany, a leading provider of online Private Limited Company registrations for entrepreneurs.]

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