EMPLOYEE SHARE SCHEMES IN AUSTRALIA: A TECTONIC SHIFT

It has been a big year for employee incentives in Australia.

A new regulatory regime came into effect in October 2022, and this has brought about a tectonic shift in the regulatory plumbing that underpins the operation of employee incentive schemes.

The stated aim of the regulatory reforms was to demonstrate the commitment of Australia’s (former) Federal Government to “reducing red tape for business, supporting job creation and competitive remuneration, and incentivising employers and employees to work together to contribute to a strong and sustained post COVID-19 economic recovery.”

Following the passing of these reforms, all companies that operate plans in Australia, whether listed or unlisted, large or small, need to pause to consider how the new regulatory rules will impact on the operation of their ESS plans.

There have also been a few contentious rules that may encourage issuer companies to alter their plan design.

Attendees will learn:

  • The anticipated effects of the new regime on plan design.
  • Which key issues need to be front of mind when a company operates an employee incentive plan in Australia, including those that relate to directors' personal liability.
  • A broad overview of the regulatory framework that underpins employee incentive schemes in Australia.

 

Speaker/Author

SPEAKER: Eileen Liu, Arnold Bloch Leibler

Event date
Thursday, 15 Jun 2023, 16:00 - 16:50
Topic
Country
Breakout series

THE ART OF THE DEAL: ADJUST, CONVERT AND FLOURISH - 2.0

Corporate transactions can have knock-on effects for outstanding equity awards and plans.

This session explores best practice on the approach and communication of these changes to awards, including the administrative and timing challenges encountered when reflecting award adjustments on broker platforms.

The expert panel will discuss their experiences, including managing awards during the re-domiciliation from a UK to a US parent company, and the equity award challenges resulting from a $11.7 billion acquisition.

Attendees will learn:

  • The common pitfalls when adjusting awards post-transaction including which transactional adjustments can trigger tax and regulatory issues for issues that have granted in multiple countries
  • How to provide accurate, bespoke, meaningful and concise communication of the changes to participants
  • How to prepare equity award databases to reflect adjusted awards, dealing with rounding and black-out periods
Speaker/Author

SPEAKERS: Sinead Kelley, Baker McKenzie, Barbara Klementz, Baker McKenzie

Event date
Thursday, 15 Jun 2023, 16:00 - 16:50
Topic
Country
Breakout series