nz employee share scheme


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This doc maker produces a customised share option deed and offer letter to be sent to an individual employee, contractor or director of a New Zealand company.  If you wish, the doc maker will also produce the Companies Act mandated directors’ resolution and certificate for the option grant.

This letter only applies to an offer of options to employees, contractors and directors under the exclusion for employee share purchase schemes set out in the Financial Markets Conduct Act 2013 (FMCA).  Please do not use this doc maker if your offer is not covered by that exemption.

To qualify for the FMCA exclusion, the company must meet the following requirements:

  • the offer must be made as part of the employee’s remuneration, or in connection with their employment or engagement
  • raising funds must not be the primary purpose of the offer
  • the company must limit the number of shares and/or options issued under the scheme in any 12 month period to 10% of the total number of shares on issue.

Employees need to be aware of the tax consequences of exercising share options and should take independent advice before accepting options.

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