Q&As

Can the option holders be granted replacement enterprise management incentives (EMI) options in accordance with Schedule 5 to the Income Tax (Earnings and Provisions) Act 2003 where the option terms do not specifically provide for this?

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Published on LexisPSL on 12/11/2019

The following Share Incentives Q&A provides comprehensive and up to date legal information covering:

  • Can the option holders be granted replacement enterprise management incentives (EMI) options in accordance with Schedule 5 to the Income Tax (Earnings and Provisions) Act 2003 where the option terms do not specifically provide for this?

Unlike in respect of company share option plans (CSOPs) (see: Employee Tax Advantaged Share Scheme User Manual (ETASSUM45130)), replacement options can be granted to existing option holders following a takeover of the original enterprise management incentives (EMI) company (whose shares were under option) in a

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