Phantom Equity Agreement Template for New Zealand

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

4.6 / 5
4.8 / 5

Let's create your Phantom Equity 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 Equity Agreement

"I need a Phantom Equity Agreement for our New Zealand tech startup, granting our new CTO 5% of phantom equity with a 4-year vesting period starting March 2025, including cliff vesting and accelerated vesting provisions for an IPO event."

Document background
The Phantom Equity Agreement serves as a critical instrument for companies seeking to align key personnel interests with organizational success without diluting actual shareholding. This document type is particularly relevant in New Zealand's business environment, where companies must navigate specific regulatory requirements under the Companies Act 1993 and related legislation. The agreement is typically implemented when a company wants to provide equity-like incentives to key employees or consultants while maintaining existing ownership structures. It includes detailed provisions for grant terms, vesting conditions, valuation methodologies, and payment triggers, all structured to comply with New Zealand tax and employment law requirements. The Phantom Equity Agreement is especially valuable for private companies, high-growth businesses, and organizations with complex ownership structures where traditional equity sharing may be impractical or undesirable.
Suggested Sections

1. Parties: Identifies the company and the recipient of the phantom equity rights

2. Background: Sets out the context of the agreement and the company's intention to grant phantom equity rights

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Grant of Phantom Equity Rights: Specifies the number/percentage of phantom units granted and their basic terms

5. Vesting: Details the vesting schedule and conditions for the phantom equity rights

6. Valuation: Establishes the methodology for valuing the phantom equity units

7. Payment Triggers and Mechanics: Specifies when and how payments will be made, including exit events and other trigger events

8. Taxation: Addresses tax obligations and responsibilities

9. Confidentiality: Sets out confidentiality obligations regarding the agreement and company information

10. Termination: Describes circumstances under which the agreement can be terminated and the consequences

11. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures

Optional Sections

1. Non-Competition and Non-Solicitation: Restrictive covenants to protect company interests, used when recipient is in a senior position

2. Clawback Provisions: Allows company to recoup payments in specific circumstances, used for senior executives or high-value grants

3. Dispute Resolution: Detailed dispute resolution procedures, used when parties want specific resolution mechanisms beyond court proceedings

4. International Provisions: Additional terms for cross-border arrangements, used when recipient is based outside New Zealand

5. Change of Control: Specific provisions for company sale or merger scenarios, used when such events are anticipated

6. Administrative Procedures: Detailed procedures for managing the phantom equity program, used for larger programs with multiple participants

Suggested Schedules

1. Vesting Schedule: Detailed breakdown of vesting dates and percentages

2. Valuation Methodology: Detailed formula and procedures for calculating phantom equity value

3. Notice of Exercise Form: Template form for recipient to trigger payment events

4. Participation Agreement: Standard form for recipient to acknowledge and agree to program terms

5. Worked Examples: Sample calculations showing how the phantom equity value is determined in various scenarios

6. Trigger Events: Comprehensive list and description of events that trigger valuation and payment

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

Healthcare

Retail

E-commerce

Telecommunications

Software Development

Biotechnology

Consulting

Real Estate

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Sales

Product Development

Research & Development

Operations

Strategic Planning

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Senior Manager

Department Head

Key Account Manager

Technical Lead

Senior Developer

Principal Consultant

Research Director

Regional Manager

Sales Director

Product Manager

Senior Advisor

Executive 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

Shadow Equity Agreement

A New Zealand-compliant agreement granting synthetic equity rights that provide economic benefits of share ownership without actual share issuance.

find out more

Agreement For Future Equity

A New Zealand-governed investment agreement that provides rights to future equity in a company, commonly used for startup funding under NZ law.

find out more

Business Equity Agreement

A New Zealand-governed agreement establishing terms for business equity investment, including share allocation, shareholder rights, and governance structures.

find out more

Equity Compensation Agreement

A New Zealand-governed agreement outlining terms for granting equity compensation to employees or contractors, including vesting conditions and regulatory compliance requirements.

find out more

Sweat Equity Contract

A New Zealand-governed agreement establishing terms for services provided in exchange for company equity instead of monetary compensation.

find out more

Equity For Services Agreement

New Zealand-governed agreement for the provision of services in exchange for company equity, including service terms and equity compensation structure.

find out more

Equity Incentive Agreement

A New Zealand law-governed agreement outlining terms for granting company equity incentives to employees or eligible participants, including vesting conditions and exercise rights.

find out more

Equity Release Agreement

A New Zealand-compliant agreement allowing homeowners to access property equity while retaining residency rights, with built-in consumer protections.

find out more

Phantom Equity Agreement

A New Zealand law-governed agreement establishing synthetic equity rights that mirror share value without transferring actual ownership.

find out more

Employee Equity Agreement

A New Zealand-governed agreement establishing terms for employee equity ownership, including share grants, vesting conditions, and shareholder rights.

find out more

Private Equity Subscription Agreement

A New Zealand-governed agreement detailing terms and conditions for private equity investment through share subscription in a target company.

find out more

Equity Buyback Agreement

A New Zealand law-governed agreement for a company to repurchase its own shares from existing shareholders, including terms, conditions, and regulatory requirements.

find out more

Equity Investment Agreement

A New Zealand-governed agreement setting out terms for equity investment in a company, including share issuance, investor rights, and company obligations.

find out more

Employee Stock Options Agreement

A New Zealand-compliant agreement outlining terms for granting company stock options to employees, including vesting conditions and exercise rights.

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.