AUSTRALIAN CHAPTER

With IPOs increasingly delayed, employees at private companies are questioning the value of equity compensation, which was once seen as a path to significant wealth. To retain and motivate staff, HR teams are emphasizing transparency, educating employees about equity, and exploring alternatives like tender offers to provide liquidity before an IPO. As equity becomes a less certain benefit, companies are also highlighting other aspects of compensation and promoting a culture of ownership and open communication.

For the Australian tax year ending June 30, 2025, Employee Share Scheme (ESS) Statements must be distributed by July 14, 2025, and the ESS Annual Report must be filed with the ATO by August 14, 2025. Compliance is required if an ESS deferred taxing point occurred during the year, typically triggered by events such as option exercise, RSU settlement, or ESPP share purchase. Employers should also ensure payroll tax obligations are met for ESS interests, as these are separate from federal reporting, and non-Australian issuers must engage a local intermediary to lodge reports with the ATO.

Employee Share Scheme (ESS) reporting in Australia requires employers to meet strict deadlines, accurately prepare statements, and manage complex tax rules, especially for globally mobile employees. Key obligations include issuing ESS statements to employees by 14 July and lodging reports with the ATO by 14 August, while understanding taxing points and legislative changes is crucial for compliance. Services like Automic can help simplify the process by managing data, ensuring accuracy, and handling submissions to the ATO, reducing the risk of penalties and easing the administrative burden on employers.

ASIC’s 2025 Draft Instrument introduces key updates to the regulatory framework for employee incentive schemes by unlisted companies, replacing the expiring Class Order [CO 14/1001] with more flexible and less burdensome requirements. The new instrument removes obligations such as ASIC notification, financial disclosures, and the $5,000 annual cap per employee, while simplifying trustee administration and expanding small-scale offer exemptions. These changes significantly reduce compliance burdens and enhance flexibility for unlisted companies, though businesses must still consider fair share valuation, employee communication, and tax implications.

In today's rapidly evolving business landscape, strategic alliances are no longer optional—they're essential for navigating complexity and fostering innovation. Companies that embrace collaborative ecosystems are better positioned to unlock new opportunities, mitigate risks, and achieve sustainable growth in the competitive equity management space.

With their combined decades of experience in the equity compensation landscape, Hannah McCullough, Justin James, and Dan Mullen from insightsoftware offered valuable insights and practical strategies for companies striving to amplify their equity programs and stay ahead in a dynamic regulatory environment.

The equity management ecosystem: key players

Successful equity management relies on a collaborative network of service providers, each offering specialist expertise:

• Software providers: Companies like insightsoftware deliver technology for reporting, data management, and automation. Certent Equity Management from insightsoftware simplifies equity administration and enhances accuracy.
• Administrative service providers: handle day-to-day operations like grant administration and stock settlements.
• Brokerage and participant servicing providers: facilitate transactions and provide employee education and support.
• HR partners: manage employee data and integrate equity compensation into broader benefits programs.
• Transfer agents: maintain stock ownership records and ensure compliance.
• Tax support providers: offer expertise in navigating complex tax regulations.

The challenge is two-fold: firstly, selecting the right vendors for each of these roles, and secondly, ensuring these players work seamlessly together to share data and coordinate processes. As Dan Mullen noted, issuers should consider "best in breed, best in class solutions" that integrate and deliver seamless experiences.

Key challenges for issuing companies

Managing equity plans is a high-stakes responsibility for issuers. They must coordinate multiple providers, each with their own systems, processes, and data formats. The main challenges include:

1. Compliance and regulatory complexity
2. Employee education and engagement
3. Managing global equity plans
4. Data accuracy, privacy, and record-keeping.

Actionable steps to successful strategic partnership integration

The webcast highlighted that overcoming these challenges requires issuers to embrace technology and cultivate strategic partnerships. Cutting-edge solutions, built for automation and seamless integration across the entire equity management ecosystem, are crucial.

When solutions work in harmony, they enable more efficient transactions and user experiences, ultimately driving optimal outcomes for both issuers and their employees.

Here’s how to identify and maintain successful partnerships:

• Define clear goals from the outset: outline specific objectives for equity management.
• Assess current capabilities: identify gaps that partnerships can address.
• Research potential partners: look for proven companies with strong reputations.
• Evaluate integration capabilities: ensure seamless integration with existing systems (insightsoftware’s Certent Equity Management is designed to do just this).
• Establish clear communication: foster open communication and regular check-ins.
• Monitor performance and provide feedback: continuously assess and adjust for the best outcomes.

Embracing partnership for equity management success

Modern equity management is inherently complex, making strategic partnerships essential in overcoming its challenges. By leveraging integrated solutions like Certent Equity Management, and fostering strong relationships with key service providers, issuer companies can streamline equity plan administration, ensure compliance, enhance employee engagement, and enjoy the impact of equity compensation as a tool for attracting, retaining, and motivating talent.

The key takeaway is clear: a collaborative, integrated approach is no longer a luxury—it is a necessity for success in today’s dynamic equity management landscape. For more information or to arrange a demo of Certent Equity Management, contact Justin James, Hannah McCullough, or Dan Mullen directly.

Watch a recording of the webcast on GEOlearn: HERE.