Phantom Share Agreement Template for Belgium

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Phantom Share Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Phantom Share Agreement

"Need a Belgian law Phantom Share Agreement for our tech startup's senior developers, granting 1000 phantom shares each to 5 employees with a 4-year vesting period starting March 2025, including special provisions for IPO events."

Document background
The Phantom Share Agreement is commonly used by Belgian companies seeking to provide long-term incentives to key employees or consultants without diluting actual share capital. This document type is particularly relevant for private companies, subsidiaries of international groups, or organizations where direct share ownership may be impractical or undesirable. The agreement typically includes detailed provisions on phantom share grants, vesting conditions, valuation methods, and payment terms, all structured to comply with Belgian corporate, employment, and tax regulations. It serves as a crucial tool for talent retention and alignment of interests between the company and its key personnel, while avoiding the complexities of actual share transfers and shareholder rights. The document must carefully balance the interests of all parties while ensuring full compliance with Belgian legal requirements regarding synthetic equity instruments.
Suggested Sections

1. Parties: Identification of the company issuing phantom shares and the recipient

2. Background: Context of the phantom share grant and program objectives

3. Definitions: Detailed definitions of key terms including Phantom Shares, Fair Market Value, Vesting Date, etc.

4. Grant of Phantom Shares: Details of the phantom shares being granted, including number and grant date

5. Vesting Provisions: Timeline and conditions for vesting of phantom shares

6. Valuation Mechanism: Method for calculating the value of phantom shares

7. Payment Terms: Conditions and procedures for payment of phantom share value

8. Termination Provisions: Rights and obligations upon termination of employment or service

9. Corporate Events: Treatment of phantom shares in case of mergers, acquisitions, or other corporate events

10. Tax and Social Security: Tax treatment and social security implications

11. Confidentiality: Confidentiality obligations regarding the agreement terms

12. Amendment and Administration: Procedures for modifying the agreement and program administration

13. Governing Law and Jurisdiction: Specification of Belgian law application and dispute resolution

Optional Sections

1. Employment Relationship: Required when phantom shares are part of employment compensation, detailing relationship with employment terms

2. Performance Conditions: Include when vesting is tied to specific performance metrics or conditions

3. International Provisions: Required when agreement covers participants in multiple jurisdictions

4. Non-Competition and Non-Solicitation: Optional restrictive covenants that may be included for key employees

5. Data Protection: Detailed GDPR compliance provisions when extensive personal data processing is involved

6. Currency Conversion: Required when payments may be made in multiple currencies

7. Clawback Provisions: Optional provisions for recouping payments in specific circumstances

Suggested Schedules

1. Schedule 1 - Grant Notice: Specific details of the phantom share grant including number of shares and grant date

2. Schedule 2 - Vesting Schedule: Detailed timeline of vesting dates and conditions

3. Schedule 3 - Valuation Methodology: Technical details of how phantom share value will be calculated

4. Schedule 4 - Performance Metrics: Detailed description of any applicable performance conditions

5. Schedule 5 - Administrative Procedures: Procedures for exercising rights and receiving payments

6. Appendix A - Tax Treatment Summary: Summary of tax implications in relevant jurisdictions

7. Appendix B - Corporate Events Procedures: Detailed procedures for handling various corporate events

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Biotechnology

Healthcare

Consulting

Software Development

E-commerce

Private Equity

Venture Capital

Real Estate

Telecommunications

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Administration

Compensation & Benefits

Corporate Development

Treasury

Tax

Accounting

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Senior Manager

Department Head

Key Account Manager

Senior Consultant

Technical Director

Sales Director

Research Director

Project Manager

Senior Developer

Principal Engineer

Executive Director

Managing Partner

Country Manager

Regional Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Stock Option Agreement Private Company

Belgian law-governed agreement granting rights to purchase shares in a private company at predetermined terms, structured to comply with Belgian corporate and tax regulations.

find out more

Phantom Share Agreement

A Belgian law agreement establishing synthetic equity rights that mirror share ownership benefits without actual equity transfer, used for employee incentivization and retention.

find out more

Employee Stock Option Agreement

A Belgian-law governed agreement granting employees the right to purchase company shares under specified terms and conditions, complying with local tax and corporate regulations.

find out more

Stock Option Agreement

A Belgian law-governed agreement establishing terms for granting company stock options to employees, including grant, vesting, exercise conditions, and tax implications.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.