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Share Options

Unlock the full potential of your business with strategic share option arrangements

We regularly advise on a variety of share options

Share options can be a powerful way to reward and retain your best people, while also giving them a stake in your business’s future. At Mayo Wynne Baxter, we know that every business is different and so are its needs. That’s why we work closely with you to design share option schemes that fit your goals.

Our team combines years of legal expertise with a down-to-earth, practical approach. We will guide you through the process, so you can focus on what matters most, growing your business and supporting your team.

Choosing the right share scheme can feel like a daunting task, but that’s where we come in. There’s no one-size-fits-all solution—it’s about finding the option that suits your business, your team, and your ambitions. Here are some of the most common types of share schemes we can help you with:

  • Enterprise management incentive (EMI) schemes – A popular choice for smaller businesses, EMI schemes are designed to be flexible, tax-efficient and rewarding for both employers and employees. They’re ideal for companies looking to attract and retain key talent.
  • Company share option plans (CSOPs) – If your business doesn’t qualify for EMI, a CSOP could be the perfect alternative. These schemes also offer tax advantages.
  • Unapproved share option schemes – Sometimes, you need a solution that doesn’t follow the standard route. For businesses that need maximum flexibility, unapproved schemes allow you to tailor the terms to fit your goals. Whether it’s rewarding specific team members or offering incentives to non-employees, this is a versatile option.
  • Growth shares. Growth shares can be used alone or alongside share options to align with your business’s specific circumstances – whether you’re planning for rapid growth, a future sale or other strategic goals.

We will take the time to understand your business and walk you through the pros and cons of each option. By the time we are done, you’ll have a clear plan and a scheme that’s ready to deliver real value.

How our expert team can help you

Scheme design and structuring

Our team will help you choose the right share option scheme to suit your business goals. Working closely with your accountant, we ensure your scheme is legally compliant, meeting the requirements to be tax-efficient, and designed to deliver maximum impact for both your business and employees.

Shareholder agreements

Protect your business and your team with expertly drafted agreements. We will cover everything from safeguarding shareholder rights to ensuring clarity on the terms of the scheme, so everyone is on the same page.

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Tailored scheme documentation

From option agreements to scheme rules, we are able to provide all the documents you need.  Our bespoke approach ensures everything is tailored to your business and ready for smooth implementation.

Granting and exercising options

We will guide you through the process of granting share options and support you when it’s time for employees to exercise them. Our advice keeps things simple and stress-free.

Exit and ongoing support

Whether you’re preparing for a company sale, merger or just need to update your scheme, we are here to help. We will provide ongoing advice to keep your share options effective and up-to-date.

Why work with Mayo Wynne Baxter

Exceptional service from outstanding people. We’ve been serving the people of Sussex for over 150 years. As a regional law firm with deep roots in Sussex, we take pride in putting our clients first.

Communication - We will keep you informed at every key stage of your case, ensuring clear and timely communication. If your legal adviser is unavailable, we will return your call within four working hours.

Satisfaction Guarantee - We are proud to have pioneered a service level agreement ensuring you have a clear understanding of the standards of service you can expect from us.  Find out more about our satisfaction guarantee here.

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Share Options FAQs

Share options can be an effective way of incentivising employees and can have the effect of aligning the employees interests with those of the company’s shareholders. Conditions can be attached to an option to encourage various outcomes, for example, continued employment, the company achieving certain financial targets or the sale of the company or its business. Provided that the relevant eligibility criteria are met, the option may take the form of an “approved scheme” with beneficial tax treatment, the most common of which tends to be EMI Share Options. We frequently work with clients’ existing accountants or tax advisers to establish the best type of option and to produce the relevant legal documentation.

The right of a shareholder to require another person to buy their shares in the future (a put option) and the right granted by a shareholder to another person to allow that other person to acquire the shareholder’s shares (a call option). Put and call options can be used in a variety of circumstances, either alone or in combination. An example of their use in combination are cross option agreements exercisable on the death of a shareholder.

A cross-option agreement between shareholders combined with a life assurance policy over the life of each party. The cross option consists of each shareholder granting to the other shareholders put and call options over their shares, which are exercisable on death. On the death of a shareholder, the policy provides funds to allow the purchase of the deceased shares by the surviving shareholders.

Our specialist team are here to help you and guide you through the legal process. We pride ourselves on providing exceptional service from outstanding people.

If you’d like to speak to a member of our team, please fill out the enquiry form. We will aim to reply to your query within 4 hours.

 


 

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