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Employee Equity Agreement Template for New Zealand

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Key Requirements PROMPT example:

Employee Equity Agreement

"I need an Employee Equity Agreement for our New Zealand-based tech startup, offering 10,000 stock options to senior developers with a 4-year vesting period starting January 2025, including clawback provisions for employees who leave within the first year."

Document background
The Employee Equity Agreement is a fundamental document used by New Zealand companies, particularly startups and growing businesses, to offer employees ownership stakes in the organization. This agreement is essential when companies wish to attract, retain, and motivate key talent by aligning employee interests with company success through equity participation. The document must comply with New Zealand's corporate and securities laws, including the Companies Act 1993 and Financial Markets Conduct Act 2013, while addressing crucial aspects such as vesting schedules, shareholder rights, tax implications, and transfer restrictions. It's particularly relevant in scenarios involving employee share schemes, stock option plans, or other equity-based incentive programs, and requires careful consideration of both corporate governance and employment law aspects.
Suggested Sections

1. Parties: Identifies the company (employer) and the employee participating in the equity scheme

2. Background: Explains the context of the agreement, including the company's equity incentive program and the employee's eligibility

3. Definitions: Defines key terms used throughout the agreement including types of shares, vesting periods, and other technical terms

4. Grant of Equity: Details the specific equity interest being granted, including number of shares or options and type of securities

5. Vesting Schedule: Specifies the vesting timeline and conditions under which the equity interest becomes fully owned by the employee

6. Purchase Price and Payment: States any payment required for the equity interest and payment terms

7. Tax Obligations: Outlines tax implications and responsibilities of both parties regarding the equity grant

8. Restrictions on Transfer: Details limitations on selling or transferring the equity interest

9. Termination Provisions: Explains what happens to the equity interest if employment ends under various circumstances

10. Shareholders' Rights: Describes voting rights, dividend rights, and other shareholder privileges

11. Confidentiality: Requires the employee to maintain confidentiality regarding the agreement and company information

12. General Provisions: Includes standard contract clauses such as governing law, amendments, and notices

Optional Sections

1. Tag-Along Rights: Include when offering protection to the employee to sell shares alongside majority shareholders

2. Drag-Along Rights: Include when requiring the employee to sell shares if majority shareholders sell their stakes

3. Right of First Refusal: Include when the company wants first right to purchase shares if the employee wishes to sell

4. Bad Leaver Provisions: Include when implementing specific penalties for employees leaving under negative circumstances

5. Share Buyback Rights: Include when the company wants the right to repurchase shares under specific circumstances

6. IPO Provisions: Include when addressing potential future public offering scenarios

7. Anti-dilution Protection: Include when offering protection against share value dilution in future funding rounds

Suggested Schedules

1. Equity Incentive Plan: Full copy or summary of the company's equity incentive plan

2. Vesting Schedule Details: Detailed breakdown of vesting dates and proportions

3. Shareholders Agreement: Copy or summary of the existing shareholders agreement

4. Share Valuation: Current share valuation and calculation methodology

5. Tax Treatment Summary: Detailed explanation of tax implications and calculations

6. Form of Share Certificate: Template of the share certificate to be issued

7. Exercise Notice: Template form for exercising options or rights

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

Relevant legal definitions










































Clauses






































Relevant Industries

Technology

Professional Services

Financial Services

Healthcare

Manufacturing

Software Development

Biotechnology

E-commerce

Consulting

Start-ups

Scale-ups

Relevant Teams

Legal

Human Resources

Finance

Executive Leadership

Board of Directors

Corporate Governance

Compensation & Benefits

Share Registry

Company Secretariat

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Human Resources Director

Legal Counsel

Company Secretary

Finance Manager

Software Engineer

Product Manager

Sales Director

Business Development Manager

Department Head

Senior Developer

Research Scientist

Technical Lead

Executive Director

Board Member

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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