Esop Advisory
Esop Advisory
Employee Stock option Plan (ESOP) is a corporate strategy for retaining and motivating employees. Under which a company gives its employees the right to buy a certain number of shares at a fixed price (grant) for a certain period of time in years. An employee is required to complete the vesting period to exercise the option. New generation companies are using ESOPs to retain highly skilled employees. In an extremely competitive IT sector, the sense of ownership encourages employees to pursue a long-term career. It is a right, not an obligation for employees to buy shares at a predefined price.
To start with the mission is employee retention, but ESOPs also help in saving of cash compensation. By granting stock option to employees, a company can save funds to channelize the growth.
REQUIREMENT OF VALUATION UNDER ESOP:
Ind AS 102: Ind AS (Indian Accounting Standard) 102 prescribes financial reporting in respect of share-based benefits and is relevant for companies which remunerate their employees by share-based (or stock option) schemes, such as Employee Stock Options (ESOP), Share Appreciation Rights (SAR), Phantom Equity, Share Purchase Plans (SPP) etc.
Income Tax provisions: In reference to amendments vide the Finance Act, 2009, the ESOPs has been made taxable in the hands of employees as ‘Perquisites’, subject to certain conditions. For the purposes of clause (vi) of sub-section (2) of section 17, the fair market value of any specified security or sweat equity share, being an equity share in a company, on the date on which the option is exercised by the employee, shall be determined merchant banker (if shares are not listed).
Determining the Present Value, Fair Value or an Informed Estimate of a company or an asset which is determined by what a buyer is willing to pay to a seller, assuming both parties enter the transaction willingly. It can be done using a number of techniques.
In Mergers and Acquisitions (M&A) Transactions, the share exchange ratio is measured by Valuing each and every company which form part of the restructuring Exercise.
Different types of derivatives have different pricing mechanisms. Customized Options Pricing Models are used for determining the fair market value of an option.
Brand valuation is a method to estimate of the overall value of the brand or the amount of money which another party should pay for it or the financial value of the brand based on financial performance, brand equity, customer perception etc.
Fair Market Value is the most probable price which a company or an asset would bring in a competitive and open Most advantageous market (in a fair sale). Liquidation value is the price of a company’s tangible assets if it goes out of business and needs to be liquidated within limited period of time.
Increase in Equity Linked Compensation Structures has led to emergence of Employee Stock Ownership Plans (ESOPs) under which stocks and options are granted to employees and the Options are valued to find out their Intrinsic Value.
Fresh Issue of Shares, Transfer of Shares, Business Combinations, ESOPs and Sweat Equity and Options Valuations requires different Regulatory Valuations for Reserve Bank of India, Income Tax Laws, Companies Act, SEBI Laws etc.
Valuations required under the provisions of the Companies Act, 2013, The Insolvency and Bankruptcy Code, SEBI ICDR Regulations, 2018 and SEBI (REIT and InvIT) Regulations.
Technical, Customized and Complex Valuations for financial reporting purposes for different fair value reporting as required under Various Accounting Standards (IndAs)
Fair Valuation of different Intangible assets like patents, trademarks, copyrights, goodwill, brands, customer lists, and proprietary technology.
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