Talking Stock Podcast

Host Brian Wydajewski introduces Global Equity Services partner Barbara Klementz from San Francisco and Employment & Compensation Partner Agnès Charpenet from Paris to discuss the latest developments surrounding France's tax preferential regime for equity awards.    Key Takeaways: [1:22]  Charpenet explains the reasons behind the lack of changes to the qualified option regime, despite numerous changes to the qualified RSU regime.   [2:49]  Potential future plans for France’s RSU regime and changes to the qualified option regime are detailed.   [3:55] Considerations and procedures for companies now wishing to apply for refunds in light of recent French constitutional rulings.   [7:55] Klementz discusses U.S. company reactions to the latest round of qualified RSU changes.   [9:27] Considerations for companies examining whether to pursue a French qualified RSU plan include increased taxes, pending qualified RSU changes, and which regime they fall under.   [11:50] Klementz’s advice to not adopt the French qualified RSU plan exceptions applies to private companies as well as those that will continue to grant under the Macron regime.   [12:05] Wydajewski summarizes the key aspects of considering whether to grant qualified awards to companies in France.   Mentioned in This Episode: Baker & McKenzie   Disclaimer:   Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.  

Host Brian Wydajewski introduces San Francisco Global Equity Services partner Nicole Calabro and attorney Tri Trung Pham from Hanoi. They discuss a number of factors that companies must consider when seeking to grant equity awards to employees in Vietnam.     Key Takeaways: [1:16] Pham provides an overview of the approval requirements under Circular No. 10 of the State Bank of Vietnam.   [4:30] An explanation of why the process for getting approval to award employees company stock in Vietnam can be a difficult one.   [5:26] Insight into the multiple requirements include registration requirements, various forms of stock awards, additional points regarding the participants, and a dedicated bank account.   [8:07] Pham summarizes the new recording obligations for companies once they have acquired approval under Circular No. 10.   [10:38] Calabro details unique challenges that have surfaced while trying to obtain approval under this new ruling.   [12:17] Wydajewski summarizes the key aspects of Circular 10 for companies that will be granting equity compensation awards in Vietnam.   Mentioned in This Episode: Baker & McKenzie   Disclaimer:   Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.  

Host Brian Wydajewski introduces San Francisco-based executive compensation partners Victor Flores and Sinead Kelly to discuss the various issues arising in the area of inbound equity compensation grants.   Key Takeaways: [1:18] Flores discusses the distinction between U.S. Federal securities law and state blue sky laws in regard to legal and regulatory security issues.   [4:54]  From a foreign company’s perspective, additional disclosure obligations and the California requirement of stockholder approval of plan terms can be the most problematic aspect of security law compliance.   [7:22] Foreign companies may consider alternative reward options to avoid the complex requirements of federal and state security laws.   [8:55] Kelly details different tax considerations that foreign companies need to focus on when considering granting equity awards to U.S. employees.   [12:14] Wydajewski summarizes the key aspects  that foreign companies need to be mindful of when granting equity compensation awards in the United States.   Mentioned in This Episode: Baker & McKenzie     Disclaimer:   Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.  

Host Brian Wydajewski introduces London Compensation and Benefits partner Jeremy Edwards and New York Global Equity Services partner Lindsay Minnis to discuss Brexit and the implications for companies offering equity compensation in the U.K., as well as the EU Prospectus Directive and its successor, the EU Prospectus Regulation.   Key Takeaways: [1:20] Edwards details the current status of Brexit, additional actions yet  to occur, and the current Brexit timeline.   [3:21] Possibilities of how the U.K. might proceed with equity compensation in the future.   [6:05] Minnis explains how the new version of the employee share plan exemption in the U.K. compares and contrasts to the previous exemption system.   [9:09] A discussion of the information that must be provided to employees as part of the disclosure document requirements.   [10:45] Wydajewski summarizes the key aspects of granting stock awards to employees in Europe, specifically in the U.K.   Mentioned in This Episode: Baker & McKenzie   Disclaimer:   Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.  

Host Brian Wydajewski introduces Moscow Baker McKenzie partner a Sergei Zhestkov and Global Equity Services partner Narendra Acharya in Chicago, to discuss the current legal and regulatory landscape facing U.S. companies that are looking to grant stock options, RSUs, and other forms of equity compensation to employees in Russia.     Key Takeaways: [1:19] Zhestkov outlines the Central Bank of Russia’s current view regarding securities market law and how it applies to Russian companies that are granting awards, as well as best practices that companies should follow when making grants in Russia.   [3:29] Requirements and conditions for obtaining  valid consent from data subjects under the Russian Personal Data Law and how equity compensation awards are factored in.   [5:20] Two actions necessary for Russian compliance with global company HR and stock- based program requirements.   [6:41] Acharya details typical questions companies have when considering granting stock-based awards in Russia.   [7:42] How Russian foreign asset reporting requirements apply to stock that has been acquired through compensation awards granted by US companies, and variances in their requirements from other countries.   [9:22] Wydajewski summarizes the key issues for companies that are looking to grant equity compensation awards in Russia and introduces the next episode.   Mentioned in This Episode: Baker & McKenzie   Disclaimer:   Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.  

Host Brian Wydajewski introduces the chair of Baker McKenzie Global Equity Services Practice Valerie Diamond and Tokyo attorney Kosuke Yatabeto discuss one of the more costly and burdensome issues faced by U.S. multinationals granting stock awards in Japan —Japanese securities laws.   Key Takeaways: [1:12] Reasons behind the difficulty and expense of the Japanese securities law regime for U.S. companies, and challenges companies face when trying to comply with notification and registration awards.   [5:28] Diamond details Which Japanese awards are considered more preferential in regards to registration and notification requirements, and the exemptions and exclusions that companies may be able to rely on to avoid triggering such requirements.   [9:16] Yatabe outlines actions companies can take to ensure the filing process is completed correctly when unable to avoid triggering the local notification and registration requirements.   [11:15] The current view regarding restricted stock and restricted stock units in Japan, and how they should be treated.   [14:23] Wydajewski summarizes the key aspects of granting equity compensation awards in Japan from a security laws perspective and introduces the next episode.     Mentioned in This Episode: Baker & McKenzie   Disclaimer:   Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.  

Host Brian Wydajewski introduces Shachar Porat, a partner from the firm Herzog Fox & Neeman in Tel Aviv and San Francisco Global Equity Services partner Jill Guinn to discuss Section 102 of the Israeli Tax Ordinance, its benefits and various alternatives for granting tax preferential awards in Israel.   Key Takeaways: [1:10] Primary advantages and disadvantages of the two main approaches of trustee, vs. non-trustee tracks. [3:57] The range of fees and services charged by Israeli trust companies.         Mentioned in This Episode: Baker & McKenzie Herzog Fox & Neeman   Disclaimer:   Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.  

Host Brian Wydajewski introduces tax counsel Erica Kidston from Australia and San Francisco Global Equity Services partner Denise Glagau to discuss the annual  tax reporting obligations that arise in July and August for companies granting stock-based awards in Australia.   Key Takeaways: [1:20] Kidston details the reporting obligation to award recipients reporting in July, and information required in this report.   [3:15] Information on additional requirements for how reports must be completed.   [4:00] Details regarding the reporting obligations to the Australian tax office in August.   [7:02] Glagau addresses common questions and challenges that arise when businesses seek to comply with tax reporting obligations in Australia.   [10:05] Current levels of activity in the Australian tax office in regards to auditing companies on equity compensation.   [10:50] Common errors and solutions for employees who are faced with a taxable event without any means of paying it.   [12:58] Wydajewski summarizes the key aspects regarding unique tax issues when granting equity compensation in Australia.   Mentioned in This Episode: Baker & McKenzie   Disclaimer:   Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.  

Brian Wydajewski welcomes June Anne Burke — Global Equity Services Partner at Baker & McKenzie — to discuss how to properly structure equity compensation awards outside of the United States. In this 10-episode series of Talking Stock, Baker & McKenzie's Global Equity Services Practice outlines 10 strategies to maximize the rewards and mitigate the risks of your global equity program. Key Takeaways: [0:58] Esq. Burke describes the basic categories of employment related concerns when granting equity awards in other countries.   [4:07] Certain countries and regions of the world carry more employment-related risks than others — including, but not limited to, Latin America.   [5:10] The best ways to address employment-related risks is to ensure the distinction between the U.S. based parent company and its non-U.S. affiliate is very clear.   [7:59] Best practices with regards to new employment in conjunction with non-U.S. equity awards are explained.   [11:16] Esq. Wydajewski summarizes the key aspects of structuring equity compensation outside of the U.S. and introduces the next episode. Mentioned in This Episode: Baker & McKenzie   Disclaimer: Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

Brian Wydajewski welcomes Aimee Soodan — Global Equity Services Partner at Baker & McKenzie — to talk about employee stock purchase plans and best practices in implementing such complex programs. In this 10-episode series of Talking Stock, Baker & McKenzie's Global Equity Services Practice outlines 10 strategies to maximize the rewards and mitigate the risks of your global equity program. Key Takeaways: [0:08] Esq. Soodan explains how existing 423 plans cannot be used “as is” outside of the U.S., both because of code section 423 requirements and local law.   [3:22] Key challenges in the context of non-U.S. ESPP are numerous, but the main categories covered here are securities law, exchange control, tax and labor and employment.   [8:07] Best practices for ESPP outside of the U.S. include establishing a minimum threshold, internationalizing documents, annual reviews of local law and local reporting requirements.   [11:07] Esq. Wydajewski summarizes the key aspects of implementing an ESPP program and introduces the next episode. Mentioned in This Episode: Baker & McKenzie ESPP Under Internal Revenue Code 423   Disclaimer: Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

Brian Wydajewski welcomes Sinead Kelly — Global Equity Services Partner at Baker & McKenzie — in providing practical tips on how to structure your equity awards to avoid local securities law requirements. In this 10-episode series of Talking Stock, Baker & McKenzie's Global Equity Services Practice outlines 10 strategies to maximize the rewards and mitigate the risks of your global equity program. Key Takeaways: [1:03] Esq. Kelly explains the information gathering and preparatory steps, required a few months in advance, in order for a company to make global grants.   [4:40] Minimizing the securities law obligations outside the U.S. is possible if the company is flexible with regards to the type, amount and timing of the awards offering.   [8:50] Ways to minimize the risk of securities law violations include avoiding slip ups before they occur, with a yearly review, and writing flexibility directly into the awards contracts.   [11:15] The more common considerations from a U.S. securities law perspective for both private and publicly traded companies are covered.   [13:35] Esq. Wydajewski summarizes the key aspects of local securities law requirements as they pertain to equity awards, and introduces the next episode. Mentioned in This Episode: Baker & McKenzie Blue Sky Requirements Disclaimer: Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

Brian Wydajewski welcomes Denise Glagau — Global Equity Services Partner at Baker & McKenzie — to discuss currency exchange controls and the impact they can have on equity compensation awards in various countries. In this 10-episode series of Talking Stock, Baker & McKenzie's Global Equity Services Practice outlines 10 strategies to maximize the rewards and mitigate the risks of your global equity program. Key Takeaways: [0:58] Esq. Glagau describes the way government currency exchange controls can affect the equity compensation awards and the requirement differences from one country to the next.   [5:20] Some employee specific obligations have to be met, and the consequences of being non-compliant could affect the company directly.   [7:50] Companies can be reticent in providing information to employees when they are not under obligation to do so, this is an area where it serves all parties to be transparent.   [8:37] Currency exchange doesn’t always directly involve the employee, an example being tax deductions at source, and these exchanges may have specific requirements.   [11:05] Esq. Wydajewski summarizes the key aspects of managing exchange controls and introduces the next episode. Mentioned in This Episode: Baker & McKenzie   Disclaimer: Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

Brian Wydajewski welcomes Therese (Tery) Williams — Global Equity Services Counsel at Baker & McKenzie — to cover some of the issues and best practices surrounding the requirement to provide award recipients with a summary of the local tax consequences associated with said award. In this 10-episode series of Talking Stock, Baker & McKenzie's Global Equity Services Practice outlines 10 strategies to maximize the rewards and mitigate the risks of your global equity program. Key Takeaways: [0:56] Ms. Williams summarizes the U.S. securities law disclosure requirements for equity compensation awards granted by publicly traded U.S. companies.   [1:34] It is a best practice to provide employees, in other countries, disclosure on the U.S. and local tax consequences associated with the award.   [3:30] Some of the preferred tax information as well as pertinent information to be included in the tax disclosure information supplement for employee is detailed.   [5:15] Providing too much tax information to employees could be construed as providing tax advice and is a risk that should be mitigated.   [6.20] Reviewing tax summary prospectus for employees should be done at least annually along with punctual updates.   [7:11] Esq. Wydajewski summarizes the key aspects of tax consequences when granting equity awards and introduces the next episode. Mentioned in This Episode: Baker & McKenzie   Disclaimer: Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.  

Brian Wydajewski welcomes Maura Ann McBreen — Partner at Baker & McKenzie and head of the Executive Compensation and Employee Benefits Practice — to discuss ways to plan and prepare for the the SEC Pay Ratio Disclosure Rule coming into effect. In this 10-episode series of Talking Stock, Baker & McKenzie's Global Equity Services Practice outlines 10 strategies to maximize the rewards and mitigate the risks of your global equity program. Key Takeaways: [0:57] Esq. McBreen explains the history and purpose of the SEC Pay Ratio Disclosure Rule.   [2:00] Various ways of determining the median employee compensation as well as avenues to manage your ratio are explored.   [4:30] The question of which employees need to be considered and included in the ratio calculations is broached.   [6:50] Exceptions on the Pay Ratio Disclosure Rule have very specific sets of constraints to meet and seem to be meaningless to a majority of companies.   [9:17] Most companies running off a calendar year are looking at the rule coming into effect in 2018, with some exceptions.   [10:41] It is important to keep in mind that the disclosure may have significant impacts on workforce morale, as half of your workforce will find out they are below median compensation.   [11:35] Esq. Wydajewski summarizes the key aspects of preparing for SEC Pay Ratio Disclosure Rule to take effect and introduces the next episode. Mentioned in This Episode: Baker & McKenzie Wall Street Reform: The Dodd-Frank Act Pay Ratio Disclosure Rule   Disclaimer: Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.  

Brian Wydajewski welcomes Barbara Klementz — Global Equity Services Partner at Baker & McKenzie  — to talk about what might be the most challenging issue in the global equity arena these days: tax withholding and reporting requirements. In this 10-episode series of Talking Stock, Baker & McKenzie's Global Equity Services Practice outlines 10 strategies to maximize the rewards and mitigate the risks of your global equity program. Key Takeaways: [00:59] Esq. Klemetz explains why tax withholding and reporting compliance is at the very top of the list of compliance issues that can affect global equity offerings.   [02:28] Being on the hook for the amount owed is one of the more benign repercussions for a company’s failure to satisfy tax withholding and reporting obligations.   [04:00] The rate at which to deduct tax from your employees and the withholding review frequency very much depend on the type of award, and each have their pros and cons.   [07:49] The rate application for withholding and reporting obligations depends on the withholding method and the recently modified F.A.S.B. rule will undoubtedly have an impact.   [10:29] Esq. Wydajewski summarizes the key aspects of withholding and reporting requirements and introduces the next episode. Mentioned in This Episode: Baker & McKenzie Financial Accounting Standards Board   Disclaimer: Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

Brian Wydajewski welcomes Narendra Acharya — a Global Equity Services partner at Baker & McKenzie — to provide practical tips on how to grant equity awards to an increasingly globally nomadic workforce. In this 10-episode series of Talking Stock, Baker & McKenzie's Global Equity Services Practice outlines 10 strategies to maximize the rewards and mitigate the risks of your global equity program. Key Takeaways: [1:05] Esq. Acharya explains the ins and outs of a global form of award agreements as well as some of the advantages it provides versus country-specific approaches.   [5:05] Client reticence to migrate to this new form of equity awards in terms of form size and sensitive information availability is covered.   [6:17] A global form of award agreements encompasses country-specific appendices, which  facilitates cross-border communication and reduces oversight.   [10:16] Global forms of award agreements must be reviewed and updated periodically because local country laws, as well as companies, are always evolving.   [11:16] Esq. Wydajewski summarizes the key aspects of working with a global form of award agreements and introduces the next episode. Mentioned in This Episode: Baker & McKenzie   Disclaimer: Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

Brian Wydajewski welcomes Nicole Calabro — Global Equity Services partner at Baker & McKenzie — to talk about how to draft compensation award agreements for employees outside of the United-States and to provide insight on why a one-size fits all approach can be problematic. In this 10-episode series of Talking Stock, Baker & McKenzie's Global Equity Services Practice outlines 10 strategies to maximize the rewards and mitigate the risks of your global equity program. Key Takeaways: [0:50] Esq. Calabro details some of the reasons why a U.S. company should not simply use the U.S. enrollment form for award recipients in other countries.   [2:13] Beneficiary designation, deferral, termination, 423, retirement clauses, are some of the more often seen types of problematic U.S. provisions in non-U.S. contexts.   [6:46] Some of the key provisions for non-U.S. awards include data privacy, entitlement mitigation, tax withholding, governing law and choice of venue.   [9:30] Factoring in all of the additional provisions is considered best practice, and therefore a non-U.S. award agreement will typically be longer than a U.S. one.   [0:] Esq. Wydajewski summarizes the key aspects of the problematic U.S. provisions in non-U.S. contexts and introduces the next episode. Mentioned in This Episode: Baker & McKenzie   Disclaimer: Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

Brian Wydajewski welcomes Aimee Soodan — Global Equity Services partner at Baker & McKenzie — to discuss equity compensation recharge arrangements and the tax advantages and impacts they may present. In this 10-episode series of Talking Stock, Baker & McKenzie's Global Equity Services Practice outlines 10 strategies to maximize the rewards and mitigate the risks of your global equity program. Key Takeaways: [0:58] Esq. Soodan explains the working basics as well as some of the reasons why a company would want to implement recharge and reimbursement arrangements.   [2:10] When arranging recharge and reimbursement agreements, a few of the important key points to keep in mind and potential traps are detailed.   [4:59] With the exception of the UK, countries will require a written reimbursement agreement, and because of exceptions like this, companies should always consider local law requirements.   [6:02] Because there may be relevant employment law-related risks when putting reimbursement agreements in place, include detailed disclaimers within the award agreements and plans.   [7:17] Esq. Wydajewski summarizes the key aspects of equity compensation and recharge arrangements and introduces the next episode. Mentioned in This Episode: Baker & McKenzie Internal Revenue Code -- Section 1032   Disclaimer: Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.