Employee Stock Option Plan -Procedure and Benefits

An ESOP meaning an Employee stock ownership plan applies to an employee benefit plan which allows employees an ownership interest in the company. Employee stock ownership plans are published as direct stock, profit-sharing plans, or bonuses, and the employer has the sole responsibility in deciding who could avail of these choices.

Employee Stock Option Scheme(ESOP)

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ABOUT

Why should you establish a private limited company?

Employee Stock Option Plans are the plans in which employees get the right to purchase a number of shares (decided by the employer) in lieu of Salary in the company at a discounted price (less than the market price). The option provided under this scheme confers a right but not an obligation on the employee. Employees have to wait for a certain time period – known as the vesting period –before they can exercise the right to purchase those specified number of shares. Upon vesting of options, employees can exercise the options to get shares by paying the pre-determined exercise price.

Traditionally, ESOPs were given to remunerate senior employees and to acknowledge their proven contribution to the company. However, in modern times, ESOPs are used as compensation and motivational tool as startups can’t afford to spend high salaries in the beginning stage. Employee Stock Options in India has gained immense popularity in recent times with the emergence of a vibrant startup ecosystem in the country

Advantages of ESOP

Registering your business as a private limited company holds many advantages, some of which are as follows:

Registration Process Flow

1-2 HOURS
Select Package

Start by selecting the appropriate one, fill out the required forms, or simply speak to our experts online for assistance.

2 WORKING DAYS
Preparation of list of eligible employees for ESOP

We will carefully select employees for participation in the ESOP scheme.

2 WORKING DAYS
Preparation of ESOP policy

We will draft the ESOP policy keeping the essential things in mind.

 
1-2 HOURS
Filing of Form MGT-14

We will fill MGT-14 attaching Special Resolution for approval of the Scheme and approved ESOP policy.

1-2 HOURS
Vesting and Exercise of ESOPs

There must be a minimum 1-year time gap in between thegranting of option and vesting of the option. After completion of the vesting period, employees can apply for shares.

DOCUMENTS REQUIRED

Pre-requisites

  • Title of the invention
  • Minutes of a board meeting.
  • Special resolution approving ESOP along with the explanatory statement.
  • Minutes of the general meeting.
  • Boards report.
  • Register of employee’s stock option plan.
  • Form PAS- 3
  • Form MGT- 14

PRICING

Basic Package

Save upto-10% cost on this package

₹ 7,999

(Inclusive All)

  • Name Search Report
  • Name approval in RUN (Reserve Your Unique Name)
  • DSC(2no) (Extra Dsc Per Director – Rs-1000)
  • Filing Spice Form
  • Issue of Incorporation certificate along with PAN & TAN
  • Include Government Fees & Stamp Duty for Authorized Capital Upto -1 Lakh except for the state of Punjab, MP and Kerala.
  • Msme Registration
  • Share Certificate (Soft Copy)

Growth Package

Save upto-20% cost on this package

₹ 9,999

(Inclusive All)

  • Name Search Report
  • Name approval in RUN (Reserve Your Unique Name)
  • DSC(2no) (Extra Dsc Per Director – Rs-1000)
  • Filing Spice Form
  • Issue of Incorporation certificate along with PAN & TAN
  • Include Government Fees & Stamp Duty for Authorized Capital Upto -1 Lakh except for the state of Punjab, MP and Kerala.
  • Msme Registration
  • Share Certificate (Soft Copy)
  • GST Registration
  • Stamp and Company Seal
  • Bank – Current Account Opening
  • 10% Discount on Future Service

Premium

Save upto-30% cost on this package

₹ 16,999

(Inclusive All)

  • Name Search Report
  • Name approval in RUN (Reserve Your Unique Name)
  • DSC(2no) (Extra Dsc Per Director – Rs-1000)
  • Filing Spice Form
  • Issue of Incorporation certificate along with PAN & TAN
  • Include Government Fees & Stamp Duty for Authorized Capital Upto -1 Lakh except for the state of Punjab, MP and Kerala.
  • Msme Registration
  • Share Certificate (Soft Copy)
  • GST Registration
  • Trademark Registration
  • 1month free GST filing
  • NDA
  • Guideline for Startup India Registration.
  • Stamp and Company Seal
  • Bank – Current Account Opening
  • 10% Discount on Future Service

FAQ's on Permanent Application

A promoter is someone who is in overall command of the company and has performed an instrumental role in the establishment of the company. The name of all promoters is specified in the offer document. A promoter is not likely to avail of the ESOP benefit.
 
No. ESOPs are valid only until the exercise time; after that, they cannot be turned into shares. They may also expire when the employee ends his services in the company; this is regularly defined in the ‘Letter of Grant’.
 
No. the Mere granting of ESOP does not make you a shareholder. You have to pay the exercise price to exercise your option and convert it into stocks/shares. Only then will you be a shareholder.
 
Yes, ESOPs are completely legal and there are several corporate and legal compliances related to the ESOPs. SEBI, Income Tax Act, and Companies Act regulate different aspects of ESOPs.
 
There are no set rules regarding this. This depends on the employees’ expectations, level of employment, etc.
 
Yes. It can be changed. In most cases, such changes are in favor of the employees.
 
Being a member of an ESOP company can provide unique rewards for employees. Participants in the plan can get significant retirement benefits at no monetary cost to them. Also, an ESOP is an excellent way to enhance the company’s ability to recruit and retain top.
 
With ESOP plan, an employee gets the benefit of acquiring the shares of the company at the nominal rate, and sell them (after a defined tenure set by his employer) and make a profit.
 
When a company wants to create an Employee Stock Ownership Plan, it must create a trust in which to contribute either new shares of the company’s employee stock options or cash to buy existing stock.