Q&As

Do you have an agreement which would be suitable where a company wishes to 'transfer' EMI options granted to an employee to another company to which it is transferring a part of its business (and in which the option holder is employed)?

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Published on LexisPSL on 22/12/2015

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

  • Do you have an agreement which would be suitable where a company wishes to 'transfer' EMI options granted to an employee to another company to which it is transferring a part of its business (and in which the option holder is employed)?

The only way that the enterprise management incentives (EMI) options can be ‘transferred’ to another company in a manner which will retain the original EMI tax treatment of the options, is by a process referred to as an 'EMI rollover'. This is where replacement options are granted to existing option holders following a takeover of the original EMI company (whose shares were under option) in a manner which preserves the beneficial tax status of the original EMI options. The replacement EMI opti

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