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Employee Ownership Trust Deed
"I need an Employee Ownership Trust Deed for my technology consulting company with 50 employees, where we want to transfer 75% of company shares to employee ownership while retaining 25% for the founding shareholders, with completion planned for March 2025."
1. Parties: Identifies the settlor (typically the company or selling shareholders), the trustees, and the company
2. Background: Sets out the context and purpose of establishing the EOT, including the company's intention to create employee ownership structure
3. Definitions and Interpretation: Defines key terms used throughout the deed and interpretation rules
4. Declaration of Trust: Formal establishment of the trust and initial settlement
5. Purpose of the Trust: Defines the primary purpose of promoting employee ownership and benefiting employees
6. Beneficiaries: Defines eligible employees and their qualification criteria
7. Trustee Powers and Duties: Comprehensive list of trustees' powers and responsibilities
8. Appointment and Retirement of Trustees: Process for appointing new trustees and handling trustee retirement or removal
9. Decision Making: Procedures for trustee decision-making and voting
10. Benefits Distribution: Rules governing how and when benefits are distributed to beneficiaries
11. Administrative Provisions: Day-to-day management of the trust including record-keeping requirements
12. Amendment Powers: Circumstances and procedures for amending the trust deed
13. Duration and Termination: Trust period and circumstances for termination
1. Corporate Trustee Provisions: Additional provisions specific to corporate trustees, used when a corporate entity acts as trustee
2. Multiple Share Classes: Required when the company has different share classes with varying rights
3. International Operations: Additional provisions for companies with international employees or operations
4. Qualifying Conditions: Specific conditions for tax qualification, if seeking particular tax treatment
5. Employee Council: Provisions for establishing and operating an employee council to represent beneficiaries
6. Voting Pool Arrangements: Special provisions for managing voting rights attached to trust shares
7. Founder's Rights: Special provisions preserving certain rights for company founders, if required
1. Initial Fund: Details of initial trust property and any contributions
2. Trustee Remuneration: Schedule of trustee fees and expenses
3. Beneficiary Points System: Detailed system for calculating benefit entitlements
4. Trustee Meeting Procedures: Detailed procedures for conducting trustee meetings
5. Qualifying Employee Criteria: Detailed criteria for employee qualification as beneficiaries
6. Distribution Rules: Detailed rules and formulas for calculating distributions
7. Deed of Adherence: Template for new trustees joining the trust
8. Share Valuation Methodology: Agreed methodology for valuing company shares
Authors
Professional Services
Manufacturing
Technology
Consulting
Architecture
Engineering
Retail
Healthcare
Construction
Financial Services
Media and Communications
Education and Training
Software Development
Creative Industries
Legal
Human Resources
Finance
Board of Directors
Executive Leadership
Compliance
Company Secretariat
Employee Representatives
Trust Administration
Corporate Governance
Chief Executive Officer
Managing Director
Finance Director
Human Resources Director
Company Secretary
Legal Counsel
Chief Financial Officer
Trust Administrator
Employee Trustee
Corporate Trustee Director
HR Manager
Finance Manager
Compliance Officer
Board Director
Employee Representative
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