Design, Compliance Review and Implementation for US Companies

GES assists clients with all aspects of the global equity compensation and benefit plans including plan design, legal compliance, implementation of the plans and on-going administration. We provide advice on stock option plans, option plans for non-corporations, employee stock purchase plans, restricted stock awards, stock appreciation rights, phantom stock plans, deferred compensations programs and employee bonus programs. To date, we have advised clients on implementation issues in over 100 countries. GES lawyers leverage Baker & McKenzie's global network of offices and affiliates to provide clients with current and comprehensive advice on their global plans. We work closely with local counsel to offer detailed advice on equity compensation and benefit plans, including:

1. Plan design which allows a company to operate its plans in virtually every country
2. Local employee's and employer's income tax and social insurance obligations, including tax reporting and withholding requirements
3. Securities registration and disclosure requirements and applicable exemptions
4. Labor law considerations
5. Exchange control requirements
6. Data privacy obligations
7. The use of both electronic agreements and electronic delivery of documents
8. The validity of beneficiary designations outside the US
9. Tax effect on equity benefits when employees transfer across borders
10. Tax and potential accounting impact of certain design features or benefit programs

Our GES practice has an exceptional ability to provide tailored advice to address each client's specific needs. We routinely prepare sub-plans designed to provide tax-favored options for employees, to minimize employer social insurance contributions, or to minimize securities law filing obligations, comply with exchange controls or resolve other legal difficulties; obtain country-specific tax and securities law rulings or exchange control licenses for equity plans; outline US and non-US securities law registration, prospectus or proxy statement requirements; provide electronic project management, draft global employee communication materials and provide translations of employee documents. In short, we provide a one-stop shop service for all our clients' equity-based programs regardless of which countries or how many jurisdictions are involved.