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Restrictions On Shares

Nigel Watson Solicitor Macfarlanes writes on approved employee share option schemes and the potential traps awaiting the unwary in Articles of Association and suggests some solutions
If a company wants to establish an Inland Revenue approved employee share option scheme (that is an SAYE scheme or a CSOP) there are various requirements that need to be satisfied before approval will be given.1
These requirements are set out in the Income Tax (Earnings and Pensions) Act 2003 (ITEPA) Schedule 3 paragraphs 17 to 22 (SAYE) and Schedule 4 paragraphs 15 to 20 (CSOP) and relate to the type of shares that may be used for the scheme. For example there are requirements that the shares to be used in the scheme must be part...

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