Business Legal Services

Employee Share Schemes and Equity Incentives Solicitors

Our employee share schemes and equity incentives solicitors work with a wide variety of high-growth startups and scale-ups

We can help your business attract and retain top talent without breaking the bank. Our employee share schemes align employees and consultants to your business goals, fit in with your company’s plans, constitution and shareholders and comply with regulations.

Careful planning and expert legal advice are needed to make sure that your employee share option plan meets the company’s commercial objectives, can cope with future changes to the company and workforce, takes advantage of whatever tax efficiencies and reliefs are available and provides protection for the company and its shareholders.

Get in touch

Employee share schemes solicitors

Experts in designing employee share schemes

As equity incentive experts, we have the skills and experience to help you design an employee share option plan that’s right for your company and it’s employees, non-executive directors and (where appropriate) contractors. Equity incentive awards made at an early stage are likely to provide the most tax efficiency, and where start-ups and growth companies become successful, awards may still be in place and very valuable years later (e.g. on an exit or investment round). So, it is important to get this right.

Our employee share schemes solicitors can support you with:

Designing a share plan that meets the company’s commercial objectives

Advising on how your company’s constitution may need to be adapted to facilitate the incentive strategy and protect the company and shareholders in the short-, medium- and long-term

Assisting with The Board level and shareholder level steps needed to put your plan in place

Advising on any regulations that relate to the employee share scheme plan

Drafting equity plan documents and template and/or individual award agreements

Advising on any employment law aspects of introducing and operating an employee share schemes plan

Obtaining any necessary clearances from HMRC and/or drafting share valuation submissions

Protecting the rights of investors (such as under the EIS and SEIS schemes)

Assisting potential dilution and other impacts for founders, investors and other stakeholders

Advising on Directors’ remuneration and other corporate governance issues

What are the benefits of employee share schemes?

Incentives that give staff and service providers a real stake in the company they’re working to build offers tangible benefits to both growing and established businesses.

HMRC tax advantaged share plans

Our expert employee share scheme lawyers can help assess your company’s suitability for any of the following tax advantaged share plans, obtain agreements for share valuation from HMRC, draft incentive plan documents, and assist in your dealings with HMRC.

Enterprise Management Incentives (EMI)

Most suitable for small, high-risk companies, EMI share options are highly flexible and can provide very favourable tax treatment in respect of shares with a value up to £250,000 per employee.

Company Share Option Plans (CSOPs)

If EMI is not available, CSOP options may be used to provide rights to acquire shares with a value up to £60,000.

Save As You Earn Schemes (SAYE)

Under an SAYE plan employees can be offered options to purchase ordinary shares at a favourable price that are linked to a savings contract of up to [£500] per month over a 3 or 5 year period.

Share Incentive Plans (SIPs)

Under a SIP employees can be offered free shares and/or rights to purchase shares tax free (with potential matching free shares) with an aggregate annual value of up to [£9,000].

Employee Ownership Trusts (EOT)

EOTs can provide a tax efficient exit for existing shareholders while providing a platform for future employee share schemes (whether tax advantaged or non-tax advantaged). We can advise on the merits of selling your company to an EOT, help you structure and implement the sale and advise on implementing post-sale equity incentive arrangements.


Non HMRC tax advantaged employee share schemes

Non-tax advantaged employee share schemes do not need to meet specific legal rules like the HMRC tax advantaged plans mentioned above, so they can be more straightforward to set up. However, they may need to be structured carefully to attract the most effective tax benefits. Our employee share scheme lawyers can work alongside you to determine if a non-tax advantaged incentive plan is right for you and help with structuring, set up and ongoing administration:

Ordinary vs preferred shares and employee share classes

We can re-structure your company so you can make awards of ordinary shares to employees/consultants and advise on using different share classes to provide restricted rights for employee/consultant shares while retaining special rights for the existing shareholders such as voting rights and dividend rights as well as protection in respect of good leaver/bad leaver, compulsory transfer, drag along etc. These arrangements work well for early stage companies with shares of little value.

Growth share schemes

For growing companies with shares that have some value, an employee share class can be made subject to hurdle arrangements (growth shares) in order to reduce the acquisition value of the shares for employees. These arrangements work well to provide tax efficient equity incentives for early-stage and growing businesses which do not qualify for the HMRC tax advantaged arrangements, but the conditions that apply and issues relating to company valuation need to be carefully managed.

We can review your company’s suitability for an employee/consultant share class or growth share arrangement, draft amendments to your company’s constitution to create an appropriate share class, draft share subscription agreements and work with share valuers to assess the value of the shares at the time of acquisition and to incorporate an appropriate hurdle for growth shares if required.

Share options, restricted stock units (RSU), share appreciation rights (SAR) and phantom/synthetic options

These arrangements don’t normally require HMRC clearance or company valuation, and the paperwork can be more straightforward. Our expert team can advise whether a non-tax advantaged share option, RSU, SAR or phantom (cash) arrangement is right for you, provide appropriate documents and support you through the implementation process.


Employee share schemes lawyers

Who we help: High-growth businesses and consultants

High-growth companies tell us that finding and retaining top talent when a business is scaling is one of their key risk areas, and balancing the needs of founders, investors and employees (while managing cashflow and protecting working capital) is crucial, particularly when considering an employee share plan. That’s why entrepreneurs, start-ups and SMEs lean on us. We know how to get the balance right – introducing an employee share schemes plan that aligns with your business strategy now and later down the line.


Testimonials

What our clients say

We are a small company and the process of setting up a company share scheme was pretty daunting. Abby Watson and Harper James Solicitors provided expert advice to ensure we understood the process and drafted all relevant documentation. We were very impressed with the service received and would recommend the firm to others.
Julie Robinson CEO, Move It or Lose It
We rely on Harper James to provide us with support across a full range of service areas, from commercial contracts and employment issues to fundraisings and investments. The team at Harper James are always available to provide us with cost effective, pragmatic and commercially focused advice.
Nick Holzherr CEO, Whisk.com
Harper James provides my small growing business with a scalable, reliable, team-oriented approach to legal advice. Whenever we face a problem, I know that Harper James are there to provide helpful and cost-effective advice, to scope out the options, make clear the costs and risks, and give me the information I need to make decisions.
Bryn Richards CEO, Aeristech
Harper James is a brilliant example of a company disrupting a traditional industry. Suddenly Solicitors become relevant and accessible for start-ups & small enterprises, with the best in-class knowledge of all major legal areas. I’ve used the business now for a year, and the Enterprise plan has been perfect for budgeting my company’s outgoings, and has given me a piece of mind when tackling key, decisive issues. Thank-you HJS!
Koral Ibrahim Founder & MD, The Ready House
The support, advice and guidance from Harper James was absolutely vital. Shubhu, Callum and the team there were always on hand to deal with any issues that we needed help with as the deal progressed. This is an exciting new stage in the development of the business.
Sam G Bose CEO and Founder, IntelliSense.io
Abby got the job done in line with expectations. No dramas! I have used Harper James with several companies and for a range of legal topics. They generally provide good service at a very reasonable price point. They have a good understanding of growing technology companies.
Matthew Dreaper Co-Founder and CFO, Helix Technologies
It's been fantastic - I've worked with 3 lawyers to date (commercial, incentive, employment) and all three have been very competent in their areas. The value for money is unbeatable - I have already recommended it to another start up who plans to reach out shortly.
Colin Blakely Head of Finance, Qargo Tech Limited
The team at Harper James has got to know our business over 3 years and is super responsive, adaptable and versatile to our needs. The lawyers are helpful and just really nice people who we’ve come to trust.
Aela Callan Co-founder, Head Set Studio Limited
Ease of use, a familiar legal team supporting my business who understand my business, and provide value for money.
Daniel Lawrence CEO, Bots For That Ltd
Employee Ownership Trusts are  quite a niche area, so while looking for a law firm that could give the correct advice, we were also looking for a team our client would approve of, being lawyers themselves. The price point was also attractive to us as we are  a small business ourselves. As we act as an intermediary between our clients and lawyers, we always want to make sure our clients get the best deal possible whilst getting expert legal advice. Ian and the team at Harper James have been a pleasure to work with.
Kingsley Tedder Founder, Mobius Group
It was a pleasure working with Tristan, Matt and James. We are very pleased with the quality of advice and your team's in depth knowledge.
Raymond Lam Executive Director, Aeramine Limited
We are a small company and the process of setting up a company share scheme was pretty daunting. Abby Watson and Harper James Solicitors provided expert advice to ensure we understood the process and drafted all relevant documentation. We were very impressed with the service received and would recommend the firm to others.
Julie Robinson CEO, Move It or Lose It
We rely on Harper James to provide us with support across a full range of service areas, from commercial contracts and employment issues to fundraisings and investments. The team at Harper James are always available to provide us with cost effective, pragmatic and commercially focused advice.
Nick Holzherr CEO, Whisk.com
Harper James provides my small growing business with a scalable, reliable, team-oriented approach to legal advice. Whenever we face a problem, I know that Harper James are there to provide helpful and cost-effective advice, to scope out the options, make clear the costs and risks, and give me the information I need to make decisions.
Bryn Richards CEO, Aeristech
Harper James is a brilliant example of a company disrupting a traditional industry. Suddenly Solicitors become relevant and accessible for start-ups & small enterprises, with the best in-class knowledge of all major legal areas. I’ve used the business now for a year, and the Enterprise plan has been perfect for budgeting my company’s outgoings, and has given me a piece of mind when tackling key, decisive issues. Thank-you HJS!
Koral Ibrahim Founder & MD, The Ready House
The support, advice and guidance from Harper James was absolutely vital. Shubhu, Callum and the team there were always on hand to deal with any issues that we needed help with as the deal progressed. This is an exciting new stage in the development of the business.
Sam G Bose CEO and Founder, IntelliSense.io
Abby got the job done in line with expectations. No dramas! I have used Harper James with several companies and for a range of legal topics. They generally provide good service at a very reasonable price point. They have a good understanding of growing technology companies.
Matthew Dreaper Co-Founder and CFO, Helix Technologies
It's been fantastic - I've worked with 3 lawyers to date (commercial, incentive, employment) and all three have been very competent in their areas. The value for money is unbeatable - I have already recommended it to another start up who plans to reach out shortly.
Colin Blakely Head of Finance, Qargo Tech Limited
The team at Harper James has got to know our business over 3 years and is super responsive, adaptable and versatile to our needs. The lawyers are helpful and just really nice people who we’ve come to trust.
Aela Callan Co-founder, Head Set Studio Limited
Ease of use, a familiar legal team supporting my business who understand my business, and provide value for money.
Daniel Lawrence CEO, Bots For That Ltd
Employee Ownership Trusts are  quite a niche area, so while looking for a law firm that could give the correct advice, we were also looking for a team our client would approve of, being lawyers themselves. The price point was also attractive to us as we are  a small business ourselves. As we act as an intermediary between our clients and lawyers, we always want to make sure our clients get the best deal possible whilst getting expert legal advice. Ian and the team at Harper James have been a pleasure to work with.
Kingsley Tedder Founder, Mobius Group
It was a pleasure working with Tristan, Matt and James. We are very pleased with the quality of advice and your team's in depth knowledge.
Raymond Lam Executive Director, Aeramine Limited

The law firm for start-ups and scale ups

Why choose Harper James?

We’re a modern law firm with a difference. Our innovative remote operating model means that you can access expert City-grade legal advice from partner-level solicitors at a fraction of the cost of traditional law firms. Our senior solicitors have all been recruited from top 100 UK law firms or large international businesses. Our expert employee share schemes and equity incentive lawyers include:


Pricing plans

Legal support designed
to fit your business needs

Our three transparent pricing packages are designed to give you the widest possible access to high-quality legal advice, whatever the size and nature of your business:

City

Straightforward access to senior solicitors at a competitive rate.

An affordable solution for businesses needing one-off legal support. Receive ‘City’ partner-level expertise at a fraction of ‘City’ prices.

On-Demand

Providing you with priority access to a dedicated panel of highly experienced solicitors.

Fully account managed quarterly subscription service for businesses with more complex legal needs.




What next?

Please leave us your details and we’ll contact you to discuss your situation and legal requirements. There’s no charge for your initial consultation, and no-obligation to instruct us. We aim to respond to all messages received within 24 hours.

Your data will only be used by Harper James Solicitors. We will never sell your data and promise to keep it secure. You can find further information in our Privacy Policy.

Our offices

A national law firm

A national law firm

Our commercial lawyers are based in or close to major cities across the UK, providing expert legal advice to clients both locally and nationally.

We mainly work remotely, so we can work with you wherever you are. But we can arrange face-to-face meeting at our offices or a location of your choosing.

Head Office

Floor 5, Cavendish House, 39-41 Waterloo Street, Birmingham, B2 5PP
Regional Spaces

Stirling House, Cambridge Innovation Park, Denny End Road, Waterbeach, Cambridge, CB25 9QE
13th Floor, Piccadilly Plaza, Manchester, M1 4BT
10 Fitzroy Square, London, W1T 5HP
Harwell Innovation Centre, 173 Curie Avenue, Harwell, Oxfordshire, OX11 0QG
1st Floor, Dearing House, 1 Young St, Sheffield, S1 4UP
White Building Studios, 1-4 Cumberland Place, Southampton, SO15 2NP
A national law firm

To access legal support from just £145 per hour arrange your no-obligation initial consultation to discuss your business requirements.

Make an enquiry