Phantom Unit Award Agreement Template for Belgium

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Key Requirements PROMPT example:

Phantom Unit Award Agreement

"I need a Phantom Unit Award Agreement under Belgian law for our tech startup, granting 1,000 phantom units to our senior developers with a 4-year vesting period starting March 2025, including specific provisions for an anticipated IPO within the next 3 years."

Document background
The Phantom Unit Award Agreement is utilized when companies operating under Belgian law wish to provide employees with synthetic equity-based compensation without diluting actual shareholding. This document is particularly relevant for private companies, subsidiaries of international groups, or organizations seeking to create long-term incentives while maintaining simplified corporate structures. The agreement must comply with Belgian corporate law, employment regulations, and tax requirements, making it distinct from similar agreements in other jurisdictions. The document typically includes comprehensive details about the phantom unit grant, vesting conditions, valuation mechanisms, and payment terms, while addressing specific Belgian requirements regarding social security contributions and personal data protection under GDPR. It serves as a crucial tool for employee retention and alignment of interests while maintaining legal compliance in the Belgian context.
Suggested Sections

1. Parties: Identification of the company and the award recipient

2. Background: Context of the phantom unit award program and its purpose

3. Definitions: Key terms including Phantom Units, Fair Market Value, Vesting Date, and Payment Date

4. Grant of Phantom Units: Number of units granted and basic terms of the award

5. Vesting Schedule: Timing and conditions for vesting of the phantom units

6. Valuation: Method for determining the value of phantom units at payment

7. Payment Terms: Timing and form of payment for vested phantom units

8. Tax and Social Security: Tax treatment and social security implications of the award

9. Termination of Employment: Impact of employment termination on phantom units

10. Confidentiality: Obligations regarding the confidentiality of award terms

11. Data Protection: GDPR compliance and personal data processing provisions

12. Governing Law and Jurisdiction: Application of Belgian law and jurisdiction

13. Entire Agreement: Integration clause and relationship to other agreements

Optional Sections

1. Change of Control: Treatment of phantom units in case of company sale or merger

2. International Transfer: Provisions for employees transferring between countries

3. Clawback: Company's right to recoup payments in specified circumstances

4. Non-Competition: Restrictions on competitive activities linked to the award

5. Administrative Provisions: Details about plan administration and record-keeping

6. Amendment Procedures: Process for modifying award terms

7. Dispute Resolution: Alternative dispute resolution procedures

8. Currency Conversion: Rules for converting payments between currencies

Suggested Schedules

1. Schedule A - Vesting Schedule: Detailed timeline and conditions for vesting

2. Schedule B - Valuation Methodology: Detailed formula and procedures for unit valuation

3. Schedule C - Tax Summary: Overview of Belgian tax treatment and withholding requirements

4. Schedule D - Data Processing Notice: Detailed GDPR-compliant data processing information

5. Appendix 1 - Award Notice: Specific details of individual grant including number of units and dates

6. Appendix 2 - Acceptance Form: Form for participant to accept the award and terms

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
Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Healthcare

Telecommunications

Real Estate

Consumer Goods

Energy

Media and Entertainment

Life Sciences

Consulting

Relevant Teams

Human Resources

Legal

Finance

Compensation and Benefits

Executive Leadership

Board Secretariat

Payroll

Tax

Corporate Development

Talent Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Senior Vice President

Managing Director

Department Head

Senior Manager

Key Account Manager

Technical Lead

Principal Engineer

Senior Consultant

Regional Director

Country Manager

Head of Sales

Research Director

Product Manager

Operations Manager

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

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