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Phantom Unit Award Agreement Template for India

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Key Requirements PROMPT example:

Phantom Unit Award Agreement

"I need a Phantom Unit Award Agreement for a senior software engineer in my Indian technology startup, with 4-year vesting starting March 1, 2025, and accelerated vesting provisions in case of an IPO or acquisition."

Document background
The Phantom Unit Award Agreement serves as a crucial instrument for companies operating in India who wish to implement employee incentive programs without diluting actual equity. This document type is particularly valuable for private companies, subsidiaries of multinational corporations, and organizations with complex shareholding structures. The agreement outlines the grant of phantom units, which mirror the value of company shares but are settled in cash, making them an attractive alternative to traditional equity compensation. Under Indian law, these agreements must carefully navigate securities regulations, tax implications, and employment laws while providing clear terms for vesting, valuation, and settlement of the phantom units. The document is commonly used as part of broader employee retention and incentivization strategies, especially for key employees in senior or critical roles.
Suggested Sections

1. Parties: Identification of the company and the award recipient

2. Background: Context of the phantom unit award program and its purpose

3. Definitions: Key terms used throughout the agreement including 'Phantom Unit', 'Fair Market Value', 'Vesting Date', etc.

4. Grant of Phantom Units: Details of the phantom units being awarded, including number of units and grant date

5. Vesting Schedule: Timing and conditions for vesting of the phantom units

6. Valuation: Method for determining the value of phantom units at time of settlement

7. Settlement and Payment: Process and timing for payment of vested phantom units

8. Taxation: Tax obligations and withholding requirements

9. Termination of Employment: Impact of various types of employment termination on phantom units

10. Confidentiality: Obligations regarding confidential information

11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

12. General Provisions: Standard contractual provisions including notices, amendments, and entire agreement

Optional Sections

1. Change in Control: Provisions addressing what happens to phantom units in case of company ownership changes

2. Non-Competition and Non-Solicitation: Restrictive covenants if required by the company

3. International Transfer Provisions: Special provisions for employees who may transfer to international locations

4. Clawback Provisions: Terms allowing company to recoup payments in specific circumstances

5. Dispute Resolution: Detailed arbitration or mediation procedures if preferred over court jurisdiction

6. Data Protection: Provisions regarding handling of personal data, particularly relevant if there's international data transfer

Suggested Schedules

1. Schedule 1 - Grant Notice: Specific details of the grant including number of units, grant date, and vesting schedule

2. Schedule 2 - Vesting Schedule: Detailed breakdown of vesting dates and conditions

3. Schedule 3 - Valuation Methodology: Detailed explanation of how phantom units will be valued

4. Schedule 4 - Tax Treatment Summary: Overview of applicable tax implications and calculations

5. Appendix A - Phantom Unit Plan Rules: Complete set of rules governing the phantom unit program

6. Appendix B - Acceptance Form: Form for employee to formally accept the phantom unit award

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Healthcare

E-commerce

Telecommunications

Consulting

Real Estate

Start-ups

Private Equity

Venture Capital

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Information Technology

Sales

Product Development

Research and Development

Corporate Strategy

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Vice President

Vice President

Director

Senior Manager

Department Head

Key Engineer

Principal Architect

Senior Developer

Product Manager

Sales Director

Regional Manager

Technical Lead

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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