International Employee Equity Plans: Participation Beyond Borders

Although the economic downturns of 2001 and 2002 have threatened to dampen enthusiasm for employee equity participation in business enterprises, such plans continue to be offered by employers in nearly all major national jurisdictions. The time is ripe, in fact, to clarify and elucidate the legal complexities of extending such plans across borders to employees working in other countries. This is the first book to provide in-depth, country-by-country coverage of the national law issues that must be considered by an employer implementing (or considering the implementation of) a multinational employee equity plan.

For each of thirty countries, International Employee Equity Plans presents a detailed survey of applicable law, trends, and customs affecting employee participation. Each chapter is written by practicing employment lawyers in that particular jurisdiction, ensuring that the critical issues, potential pitfalls, and likely changes are incisively dealt with. Among the matters described and analysed for each country are the following:

- the most advantageous (and disadvantageous) types of plans;

- relevant securities offering rules;

- all legal compliance steps;

- available exemptions and reliefs and the conditions upon which they are offered;

- the fine line between "informing" and "advising";

- taxation of employee benefits and other tax rules; and

- the extent to which local courts will recognise foreign law in all pertinent matters.

The wealth of guidance and information in this book will help many more organisations to follow the lead of those companies that have already achieved remarkable success in this important area of international business. Legal practitioners, in-house counsel, human resources executives and others involved in implementing employee equity plans, have here a detailed and user-friendly handbook covering the most important jurisdictions.

The editors are both attorneys in the Employee
Benefits Practice of Gardner Carton & Douglas LLC.