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Restricted Stock Unit Agreement

Restricted Stock Unit Agreement Template for Belgium

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Key Requirements PROMPT example:

Restricted Stock Unit Agreement

"I need a Belgian Restricted Stock Unit Agreement for our software company's new employee incentive program, which will grant RSUs to 50 employees with a four-year vesting schedule starting March 1, 2025, and include special provisions for remote workers."

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Document background
The Restricted Stock Unit Agreement is used when a company wishes to grant equity-based compensation to employees in Belgium. This document is essential for companies operating in Belgium or employing Belgian residents who participate in equity incentive plans. The agreement must comply with Belgian corporate law, tax regulations, employment law, and EU data protection requirements. It typically forms part of a broader equity compensation plan and includes specific provisions addressing Belgian tax treatment of RSUs, social security contributions, and securities law compliance. The document is particularly important for companies looking to attract and retain talent while ensuring legal compliance in the Belgian jurisdiction.
Suggested Sections

1. Parties: Identification of the company granting the RSUs and the employee receiving them

2. Background: Context of the RSU grant, including reference to any equity incentive plan

3. Definitions: Key terms used throughout the agreement including 'RSUs', 'Shares', 'Vesting Date', 'Grant Date', etc.

4. Grant of RSUs: Details of the RSU award, including number of units granted and grant date

5. Vesting Schedule: Specific conditions and timeline for RSU vesting

6. Settlement of RSUs: Process and timing for converting vested RSUs into shares or cash

7. Tax Obligations: Treatment of tax withholding and reporting obligations under Belgian law

8. Restrictions on Transfer: Limitations on the ability to transfer or pledge RSUs

9. Termination of Employment: Impact of various types of employment termination on RSUs

10. Data Privacy: GDPR-compliant provisions regarding the processing of personal data

11. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes

Optional Sections

1. Malus and Clawback: Provisions allowing the company to recoup or cancel RSUs in cases of misconduct or financial restatement

2. Change in Control: Treatment of RSUs in the event of a corporate transaction or change in control

3. Foreign Securities Law Compliance: Additional provisions for employees who may be subject to foreign securities laws

4. Employment Rights: Clarification that the RSU grant does not affect employment terms or create employment rights

5. Corporate Events: Treatment of RSUs in case of stock splits, mergers, or other corporate events

6. Non-Competition and Non-Solicitation: Restrictive covenants tied to the RSU grant

7. Administrative Provisions: Details about plan administration and the role of the board/committee

Suggested Schedules

1. Grant Notice: Detailed information about the specific grant, including number of RSUs and vesting dates

2. Vesting Schedule: Detailed breakdown of the vesting timeline and conditions

3. Tax Summary: Summary of Belgian tax implications and withholding requirements

4. Data Processing Notice: Detailed GDPR-compliant information about personal data processing

5. Equity Incentive Plan: Copy or summary of the main equity incentive plan under which RSUs are granted

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Clauses
Grant of RSUs
Vesting Conditions
Settlement Terms
Share Issuance
Transfer Restrictions
Employment Conditions
Termination Provisions
Tax Obligations
Social Security Contributions
Data Protection
Confidentiality
Non-Competition
Non-Solicitation
Intellectual Property Rights
Change in Control
Corporate Reorganization
Malus and Clawback
Amendment and Modification
Assignment
Notices
Electronic Delivery
Severability
Waiver
Governing Law
Jurisdiction
Entire Agreement
Acknowledgment
Language
Force Majeure
Compliance with Laws
Securities Law Compliance
Stock Exchange Rules
Plan Administration
Shareholder Rights
Dividend Rights
Voting Rights
Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Telecommunications

Pharmaceuticals

Biotechnology

Consumer Goods

Energy

Software

E-commerce

Consulting

Relevant Teams

Human Resources

Legal

Finance

Executive

Compensation and Benefits

Corporate Governance

Payroll

Tax

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Human Resources Director

Legal Counsel

Corporate Secretary

Compensation Manager

HR Business Partner

Employee Benefits Manager

Stock Plan Administrator

Financial Controller

Senior Software Engineer

Department Manager

Director of Operations

Senior Executive

Vice President

Industries
Belgian Companies and Associations Code (BCAC): Primary legislation governing corporate matters, including provisions on share issuance, transfer restrictions, and shareholder rights
Belgian Employment Contracts Act: Regulates employment relationships and compensation, including equity-based compensation such as RSUs
Belgian Income Tax Code: Governs the taxation of RSUs, including the timing of taxation and valuation methods for tax purposes
Belgian Financial Services and Markets Authority (FSMA) Regulations: Regulations concerning securities offerings and financial instruments, including employee equity compensation plans
EU General Data Protection Regulation (GDPR): Regulates the processing of personal data in the context of RSU administration and record-keeping
Belgian Social Security Legislation: Determines social security contributions applicable to RSU benefits
Belgian Civil Code: Provides general contract law principles applicable to RSU agreements
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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