Home Types of Contracts Equity Incentive Plan

Jump to Section

Quick Facts — Equity Incentive Plan Lawyers

An equity incentive plan offers employees shares of the same company they work for in the form of supplemental compensation awarded in many ways in the U.S. This is usually awarded in the form of stocks, bonds, and warrants. These types of plans help small businesses incentivize employees with supplemental rewards that have tight budgets.

Note: Do you wish to learn more about an equity incentive plan? Click on this link.

Common Types of Equity Incentive Plans

Employers can offer their respective employees different types of equity. Equity incentive plans come in several forms, including the following:

  • Restricted Stock Awards (RSAs): These awards grant employees company stock with some kind of restrictions. Stocks follow a specified vesting schedule or even a liquidation event. So, the employees cannot sell until the shares vest.
  • Restricted Stock Units (RSUs): These units promise an employee common company stock depending on certain vesting conditions. These conditions pass a vesting period or specific time. Employees rarely have to pay for the RSUs. Yet, they do not own the shares until the end of the vesting period. RSUs usually do not include any shareholder rights or pay dividends.
  • Phantom Units: These are also called shadow equities, and they follow a company stock’s actual price movements. Then, they pay out cash instead of shares. Phantom units give employees similar kinds of benefits in the form of stock ownership without granting them company stock.
  • Incentive Stock Options (ISOs): These statutory stock options are for companies in the United States. ISOs are usually considered to be qualified awards and provide specific tax benefits to all the workers in the U.S. Employees pay no tax after receiving or exercising the grant. Yet, the associated employee pays capital gains when they sell the stock.
  • Nonqualified Stock Options (NSOs): These specific options allow all employees the right to purchase any kind of company stock at a predetermined price. NSOs are often considered to be a substitute for some cash compensation earned by employees from their employment. They also pay income tax on the difference between the stock value and the options price.
  • Stock Appreciation Rights (SARs): These rights are linked to the value of the respective company stock over a specific period. Employees can exercise their particular SARs after the vesting period. Employees do not pay any exercise price and then receive the sum of the increase in the stock value in cash payment or shares.
  • Performance Share Units (PSUs): Employers grant PSUs to all of their employees depending on the company’s performance. The number of shares received by an employee depends on key performance metrics. Moreover, it is graded with multiple vesting points relative to the company’s overall performance.

Benefits of Offering an Equity Incentive Plan to Employees

Equity incentive plans help retain, attract, and incentivize employees. That is why this plan is considered to be a valuable component to include in an employee compensation package. Their benefits include

  • Improving Talent Retention: Global talent wants comprehensive compensation packages. That is why many job candidates actively seek different types of equity incentives. Companies that offer supplemental benefits stand out to top talent. Examples include equity incentive plans. These specific plans also attract valuable talent and are a strategy for all kinds of talent retention.
  • Engaging Talent: Equity incentive plans offer company ownership to all employees. These plans also provide a workforce with company equity that is more likely to feel invested in the business, including its success.
  • Vesting Schedules: These schedules are also often linked to a particular employee’s time with a company. This also applies to the company’s performance for the equity holder to receive the full benefits of the award. Hence, these incentives often encourage a dedicated workforce to stay with the organization for the long term.
  • Helping Businesses Stay Competitive: Smaller businesses do not usually have large salary budgets. So, equity incentive plans help startups bridge the compensation gap. These incentives help companies stay ahead of the competition to recruit the best workforce anywhere with job candidates seeking comprehensive compensation and global benefits packages actively.
  • Allowing Businesses to Save Money: Employee salaries often take up the largest percentage of a company’s budget. Equity incentive plans help businesses offer employees lower wages in exchange for equity compensation to save some money. These plans also help smaller companies and startups attract quality talent. They may also get potential investors when they need time to develop eventually.
  • Increasing Employee Investment in a Company: Employees have a more significant stake in the success or failure of a business when they are invested in a company. These people are more likely to put forth the extra effort to ensure the success of the company since they may benefit when its value increases directly.
  • Reaping Tax Benefits for a Company: Equity incentive plans can always generate leveraged tax deductions over the actual cash outlay. It means an individual will be in better shape at tax time because they get a deduction when the employee recognizes an ordinary income.
  • Offering Tax Benefits for All Employees: The employees often get some favorable tax benefits in many circumstances. They can recognize income equal to the respective bargain element. It is done so that these people do not get taxed on the appreciation when it does vest.
  • Providing Tremendous Gain Opportunities for Employees : The employees of a company stand to gain much more in compensation for all kinds of equity incentives than in a standard salary. Many tech workers receive their respective compensation through equity incentives that dwarf their specific salaries.
  • Reducing Employee Turnover: Equity incentive plans can help companies reduce any kind of employee turnover. An individual may have to wait two years after they have been granted to exercise some kind of equity option. Creating a culture that values employee contributions can help retain employees. This is even though they do not want employees to stick around just to exercise their respective incentive options. The employees will feel valued when they share the company's all-over earnings with them.
Meet some lawyers on our platform

Adam J.

4 projects on CC
CC verified
View Profile

Heather B.

81 projects on CC
CC verified
View Profile

Neil B.

6 projects on CC
CC verified
View Profile

Lori B.

202 projects on CC
CC verified
View Profile

Key Terms for Equity Incentive Plans

  • Exercise Plan: The price per share at which the owner of a specific traded option is entitled to sell or buy the underlying security.
  • Grant Date: The specific date on which a stock option or equity-based award is granted to the recipient.
  • Exercise Period: The time during which an individual can buy shares at the respective strike price.
  • Clawback Provision: The clause under which the money already paid to a particular employee must be returned to an employer with a penalty.
  • Equity Pool: The total number of shares set aside or reserved by a company from which it can grant stock options or restricted stock.

Final Thoughts on Equity Incentive Plans

The task of researching and developing an equity incentive plan can be daunting and time-consuming. Yet, determining the best plan for your respective business depends on various factors. Examples include business structure, business size, finances, company goals, and talent location. Companies that want to offer equity and stock options to all foreign talent must also consider different tax obligations worldwide. They must further prepare to offer and administer different types of global equity awards compliantly. Meanwhile, employers must adhere to foreign tax laws to know how equity incentive plans impact the classification, tax filing, and reporting requirements of foreign companies.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, Click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

See Real Equity Compensation Agreement Projects

New Jersey Review Startup employment contract, with equity/stock vesting and cliffs Review
  • New Jersey
  • 4 lawyer bids
  • $600 - $775
View Details
Texas Phantom Equity Agreement Drafting
  • Texas
  • 4 lawyer bids
  • $750 - $1,800
View Details
Texas Review Equity Agreement Review
  • Texas
  • 11 lawyer bids
  • $240 - $699
View Details
California Need equity agreement to bring on Co-Founder. Drafting
  • California
  • 8 lawyer bids
  • $699 - $1,850
View Details
Pennsylvania Employer Provided Equity Agreement Document Review Review
  • Pennsylvania
  • 7 lawyer bids
  • $475 - $850
View Details
Colorado Review Release Agreement of Unit Appreciation Rights Review
  • Colorado
  • 4 lawyer bids
  • $240 - $500
View Details

See all Equity Compensation Agreement projects


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with an Equity Incentive Plan?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 19,711 reviews

Meet some of our Equity Incentive Plan Lawyers

Dolan W. on ContractsCounsel
View Dolan
5.0 (361)
Member Since:
September 8, 2024

Dolan W.

Attorney
Free Consultation
San Diego, California
10 Yrs Experience
Licensed in CA
Purdue Law School

You need a lawyer who's more than just knowledgeable – you need someone who's on your side. That's where I come in. I'll be there every step of the way, offering clear communication and proactive solutions. Whether you're starting a business or navigating a complex legal matter, I'll help you make informed decisions and achieve your goals. I also have drafted many templates to save you money. Just use this link - https://www.contractscounsel.com/client/lawyer-profile/3764#Templates Why Choose Me? I put you first I'm proactive I'm efficient I'm accessible

Recent  ContractsCounsel Client  Review:
5.0

"Very timely and thorough review of an equity compensation agreement, submitted a thoughtful bid and great written communication. Would absolutely recommend or use again when the time arises."

Nicholas M. on ContractsCounsel
View Nicholas
5.0 (46)
Member Since:
June 1, 2023

Nicholas M.

President/Attorney
Free Consultation
Providence, Rhode Island
16 Yrs Experience
Licensed in CT, MA, NC, NH, RI
The Catholic University of America, Columbus School of Law

Nicholas Matlach is a cybersecurity expert (CISSP) and an attorney who is dedicated to helping small businesses succeed. He is a client-focused professional who has a deep understanding of the challenges that small businesses face in the digital age. He also provides legal counsel to small businesses on a variety of issues, including formation, intellectual property, contracts, and employment law.

Recent  ContractsCounsel Client  Review:
5.0

"Enjoyed his demeanor. Professional yet down to earth. The document created for me was very explicit and easy to read. I would recommend :)"

Michael M. on ContractsCounsel
View Michael
4.9 (333)
Member Since:
September 10, 2022

Michael M.

Principal
Free Consultation
Los Angeles, California
39 Yrs Experience
Licensed in CA
NYU

www.linkedin/in/michaelbmiller I am an experienced contracts professional having practiced nearly 3 decades in the areas of corporate, mergers and acquisitions, technology, start-up, intellectual property, real estate, employment law as well as informal dispute resolution. I enjoy providing a cost effective, high quality, timely solution with patience and empathy regarding client needs. I graduated from NYU Law School and attended Rutgers College and the London School of Economics as an undergraduate. I have worked at top Wall Street firms, top regional firms and have long term experience in my own practice. I would welcome the opportunity to be of service to you as a trusted fiduciary. In 2022 and 2023, I was the top ranked attorney on the Contract Counsel site based upon number of clients, quality of work and number of 5 Star reviews.

Recent  ContractsCounsel Client  Review:
5.0

"Michael did a fantastic job with my contract review. He was quick to respond to messages and found some points that would have cost me a lot of money had I agreed to them. Would not hesitate to use him again in the future!"

Norman R. on ContractsCounsel
View Norman
5.0 (1)
Member Since:
December 31, 2024

Norman R.

Attorney
Free Consultation
Washington, District of Columbia
37 Yrs Experience
Licensed in DC
Catholic University, Columbus School of Law

Norman Romney is an attorney and professional engineer with over 35 years of experience in the engineering, construction, and real estate industries. He is a seasoned transactional lawyer experienced in the review, negotiation, drafting and analysis of commercial contracts, including: business asset purchase agreements, partnership buy-out agreements, non-disclosure/confidentiality agreements, commercial leases, cease-desist letters, payment demand letters, construction contracts, consulting agreements and many more. He is also experienced in the preparation and review of construction industry standard contract forms including AIA documents, EJCDC documents and FIDIC international construction industry forms. Norman’s practice has included serving a General Counsel for a large non-profit. He also represented and assisted clients in the resolution of business contract disputes. He is experienced in many forms of alternative dispute resolution such as mediation, arbitration and third-party neutrals. His clients include large and small businesses, entrepreneurs, non-profits and freelancers. He is devoted to all his clients and seeks to provide timely, efficient and cost-effective legal services.

Sarah T. on ContractsCounsel
View Sarah
5.0 (27)
Member Since:
January 12, 2025

Sarah T.

Attorney
Free Consultation
Fort Worth, Tx
16 Yrs Experience
Licensed in TX
Texas Wesleyan University School of Law

Sarah has been practicing law since 2010. Prior to becoming an attorney, Sarah worked in the insurance industry for 5 years. Sarah's practice includes civil litigation, contracts, and family matters.

Recent  ContractsCounsel Client  Review:
5.0

"My prenup was delayed a couple of months to deliver for review, but Sarah is very patient and understanding."

Brian W. on ContractsCounsel
View Brian
Member Since:
December 30, 2024

Brian W.

Founder & President
Free Consultation
Los Angeles, CA
34 Yrs Experience
Licensed in CA
Southwestern Law School

I founded Brian Wynne Law, PC (based in Los Angeles, CA) in late 2023 after spending over 25 years as an in-house lawyer and over 13 years serving in General Counsel and department head-level business & legal affairs, and corporate operations positions. I provide fractional general counsel and legal advisory services to a broad range of companies, both early-stage and more established, primarily in the technology, digital media, and hospitality sectors. I negotiate a variety of sales, licensing, marketing,g and technology agreements, and handle employment, compliance, privacy, board matters, dispute resolution, and risk management matters. I also assist my clients by managing corporate transactions, IP, M&A, and corporate/legal operations as a combination GC/COO.

Julian D. on ContractsCounsel
View Julian
Member Since:
January 21, 2025

Julian D.

Attorney
Free Consultation
Birmingham, Alabama
9 Yrs Experience
Licensed in AL
Birmingham School of Law

I have practiced law in the State of Alabama for going on eight years now. I have extensive experience in debt resolution, probate, traffic court, lemon law, contract law, and general counsel work.

Find the best lawyer for your project

Browse Lawyers Now

Lawyer Reviews for Equity Incentive Plan Projects

Equity Agreement Contract Review

5.0

"Daniel was highly professional and did an excellent job addressing my legal concerns. He was responsive and extremely helpful during our conversations together. I would highly recommend his work."

Florida
Review
Equity Compensation Agreement
ContractsCounsel User

Employment + Equity Agreement

5.0

"Tabetha did an amazing job reviewing & amending my employment agreement. Thanks Tabetha!"

California
Drafting
Equity Compensation Agreement
ContractsCounsel User

Sweat Equity Agreement Review

5.0

"Zachary did a great job and was available to quickly answer my questions"

California
Review
Equity Compensation Agreement
ContractsCounsel User

Employment and Equity Agreements

5.0

"Very quick to respond and very helpful along the way!"

Florida
Review
Equity Compensation Agreement
ContractsCounsel User

Employer Provided Equity Agreement Document Review

5.0

"Ryenne was great."

Pennsylvania
Review
Equity Compensation Agreement
ContractsCounsel User

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with an Equity Incentive Plan?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 19,711 reviews
Employment lawyers by top cities
See All Employment Lawyers
Equity Incentive Plan lawyers by city
See All Equity Incentive Plan Lawyers

ContractsCounsel User

Recent Project:
Create Equity Compensation Agreement
Location: Delaware
Turnaround: Less than a week
Service: Drafting
Doc Type: Equity Compensation Agreement
Number of Bids: 12
Bid Range: $350 - $1,000

ContractsCounsel User

Recent Project:
Review an Equity Agreement
Location: New Jersey
Turnaround: A week
Service: Contract Review
Doc Type: Equity Compensation Agreement
Page Count: 8
Number of Bids: 4
Bid Range: $350 - $750
User Feedback:
Great to work with!

Need help with an Equity Incentive Plan?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 19,711 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city