Post on 30-Dec-2015
Presentation to IDC Conference24 – 25 June 2012
The impact of various legislative frameworks on Effective and Sustainable Employee Ownership Model (US, UK and Australia
examined)
2
Key Impacts on Employee Share Ownership
Securities and Corporations Law
Foreign Exchange requirements
Tax legislation
Market sentiment
Executive remuneration structures
4
The Tax Landscape
0
1
2
3
4
5
6
US
UK
Australia
S423/ESPP S423/ESPP implemented in implemented in 19641964
ESOP ESOP implemented implemented in 1974in 1974
SAYE/APSS SAYE/APSS implemented implemented in 1980in 1980
CSOP CSOP implemented implemented in 1984in 1984
EMI & SIP EMI & SIP startstart
APSS tax APSS tax effectiveness effectiveness removedremoved
Tax exempt Tax exempt and Tax and Tax deferred deferred plans start plans start 19951995
Exemption Exemption raised to raised to $1,000$1,000
12
US Current Trends
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
IncentiveStock Options
Non-qualifyingOptions
StockAppreciation
Rights
RestrictedStock
RestrictedStock Units
13
US Option Plans Changes
Type of Change Percentage of Companies
Reduce the number of employees receiving options 48%
Reduce the total number of options granted 44%
Replace some/all options with restricted stock 33%
Replace some/all options with performance based stock 19%
Replace some/all options with long term cash incentives 13%
Replace some/all options with stock appreciation rights 5%
Replace some/all options with shares 1%
Other change 8%
14
US ESPP Trends
0%
10%
20%
30%
40%
50%
60%
70%
80%
3% or lesscontributed
3 - 5 % 5 - 8% Over 8%
Employee
Manager
Executive
15
ESPP Trends
Type of Change Percentage of Companies
Eliminate the “look-back” feature 26%
Reduce the discount on stock purchase 24%
Eliminate the plan entirely 17%
Other 7%
17
Australia – The Number of Plans that Companies Operate
12
34+
2009
2010
2011
0%
10%
20%
30%
40%
50%
60%
2009
2010
2011
18
Employee Plan Types Used in Australia
TE FreeTE SalarySacrifice TD Salary
Sacrifice Other
2009
2010
2011
0%
10%
20%
30%
40%
50%
60%
70%
2009
2010
2011
19
Executive Plan Types - Australia
RightsOptions
SharesOther
2009
2010
2011
0%
10%
20%
30%
40%
50%
60%
20
Conclusions
The biggest impacts: Employee taxation Executive remuneration sentiment Market sentiment, costs for a company
Securities law can be the killer