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Equity Incentive Plan
I need an equity incentive plan that outlines the allocation of stock options to employees based on performance metrics, includes a vesting schedule over four years with a one-year cliff, and complies with Indonesian regulations on employee stock ownership plans.
What is an Equity Incentive Plan?
An Equity Incentive Plan lets companies reward key employees with ownership stakes through stock options, restricted shares, or similar benefits. Under Indonesian law, these plans help privately-held and public companies attract top talent while aligning employee interests with company growth, particularly in tech startups and established corporations.
These plans must comply with Indonesia's Capital Market Law and OJK regulations, especially regarding share issuance and employee stock ownership programs (ESOP). Companies typically structure these plans to provide vesting periods, exercise prices, and clear performance metrics, making them powerful tools for long-term retention and motivation.
When should you use an Equity Incentive Plan?
Consider implementing an Equity Incentive Plan when your Indonesian company needs to attract and retain top talent, especially during rapid growth phases or competitive market conditions. Many tech startups and scale-ups use these plans to compete with larger companies for skilled professionals, offering future ownership potential instead of higher immediate salaries.
The plan becomes particularly valuable during funding rounds, IPO preparation, or when expanding into new markets. It helps create a motivated workforce aligned with company goals while managing cash flow effectively. Indonesian companies often introduce these plans before major business milestones or when facing increased competition for specialized talent in sectors like technology, finance, or healthcare.
What are the different types of Equity Incentive Plan?
- Stock Options Plan: Grants employees the right to buy company shares at a fixed price within a set timeframe, commonly used by Indonesian tech startups
- Restricted Stock Units (RSU): Awards actual shares that vest over time, popular among established companies and publicly listed firms
- Performance Share Plan: Links equity rewards to specific business targets or KPIs, ideal for senior management incentives
- Employee Stock Purchase Plan: Allows employees to buy company shares at a discount, often used by larger corporations
- Phantom Stock Plan: Provides cash bonuses based on share value increases without actual share transfers, useful for private companies
Who should typically use an Equity Incentive Plan?
- Board of Directors: Approves and oversees the Equity Incentive Plan structure, ensuring alignment with company strategy and OJK regulations
- Human Resources Department: Manages plan implementation, tracks vesting schedules, and coordinates with eligible employees
- Legal Counsel: Drafts plan documents, ensures compliance with Indonesian labor and securities laws, and handles regulatory filings
- Eligible Employees: Receive and exercise equity benefits according to plan terms and vesting schedules
- Corporate Secretary: Maintains plan documentation, manages shareholder communications, and ensures proper record-keeping
How do you write an Equity Incentive Plan?
- Company Structure Review: Gather details about share capital, existing shareholders, and any previous equity arrangements
- Eligibility Criteria: Define clear parameters for employee participation based on role, tenure, and performance metrics
- Plan Parameters: Determine total shares allocated, vesting schedule, exercise price, and duration of the plan
- Regulatory Compliance: Check OJK requirements and tax implications for equity-based compensation in Indonesia
- Documentation Preparation: Use our platform to generate comprehensive plan documents that include all required legal elements and safeguards
- Stakeholder Approval: Prepare board resolutions and shareholder approvals needed for plan implementation
What should be included in an Equity Incentive Plan?
- Plan Objectives: Clear statement of purpose, eligible participants, and plan duration
- Share Pool Details: Total number of shares reserved, types of awards, and dilution limits
- Vesting Terms: Schedule, conditions, and acceleration provisions for different award types
- Exercise Provisions: Price determination, payment methods, and exercise windows
- Rights and Restrictions: Voting rights, dividend entitlements, and transfer limitations
- Termination Clauses: Treatment of awards upon employment cessation or company changes
- Administrative Framework: Plan governance, amendment procedures, and dispute resolution mechanisms
- Tax Implications: Clear statements on tax treatment and withholding obligations
What's the difference between an Equity Incentive Plan and a Stock Option Plan?
An Equity Incentive Plan differs significantly from a Stock Option Plan in both scope and flexibility. While both documents deal with employee ownership, they serve distinct purposes in Indonesian companies.
- Scope of Benefits: Equity Incentive Plans can include multiple types of equity awards (RSUs, performance shares, stock options) while Stock Option Plans focus solely on share purchase rights
- Implementation Flexibility: Equity Incentive Plans offer more customization in reward structures and vesting conditions, adapting to various employee levels and company needs
- Regulatory Requirements: Under OJK regulations, Equity Incentive Plans require broader shareholder approval and more detailed disclosure due to their comprehensive nature
- Administrative Complexity: Stock Option Plans typically have simpler administration procedures, focusing only on option grants and exercises, while Equity Incentive Plans need more sophisticated tracking systems
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