Three Course
Wednesday, November 5, 2008
Tax and Compliance Issues in
"Top" Countries
Wednesday, November 12, 2008
Post-Grant Changes to Awards and Global Recharge Arrangements
Wednesday, November 19, 2008
Globally Mobile Employees
Time
8:30 am Breakfast
9:00 - 11:00 am Program
Location
Baker & McKenzie
Palo Alto Office
660 Hansen Way
Palo Alto, CA 94304
Participation
in the GETS Advanced Training will be $75.00. Checks should be made
payable to Baker & McKenzie LLP and mailed to:
Theresa Pham
Baker & McKenzie LLP
2 Embarcadero Center, 11th Floor
San Francisco, CA 94111
Note
that the GETS Advanced Training is limited to 25 participants to ensure
an ideal environment for an interactive learning experience. We sign up participants on a first-come, first-served basis, so make sure to register quickly!
|
Global Equity Training Series - Advanced Training
You may have
attended our GETS Basic Training in the spring during which we trained
participants in the basic (yet complicated!) international aspects of
employee stock plan offerings. If so, you have laid the ideal
groundwork for attending our GETS Advanced Training which will take you
to the next level by educating you on the more complex issues for
international stock plans. However, even if you did not attend the
GETS Basic Training, but have experience in this area, we invite you to
attend the GETS Advanced Training as a means to further hone your
understanding of these issues. (We will be offering another
installment of the GETS Basic Training in the spring of 2009, so you
are always able to catch up on the more basic issues.)
As
the GETS Basic Training, the GETS Advanced Training is presented by
experienced Baker & McKenzie GES attorneys and will consist of
three 2-hour sessions. Participants who complete all three sessions
will receive a certificate of attendance which certifies their
proficiency with respect to advanced international equity issues. All
participants will be provided with course materials which include
invaluable Baker & McKenzie precedents.
The sessions will cover the following topics:
November 5 - Tax and Compliance Issues in
"Top" Countries
After
a brief introduction, we will dive into an in-depth discussion of the
tax and compliance issues for offering equity awards in key countries
where most companies grant awards or would like to grant awards, such
as Canada, China, France, India and the U.K. We will
discuss the availability of tax-favored plans or other tax exemptions
in these countries and explore when it makes sense for a company to
offer such plans or comply with such exemptions. We will
also educate participants on what it takes to comply with the tax
withholding and reporting requirements in these countries and discuss
the applicable regulatory restrictions (such as a prospectus filing or
exchange control approval requirements). Our training will address all types of equity awards, with an emphasis on options, RSUs and ESPP.
November 12 - Post-Grant Changes to Awards and Global Recharge Arrangements
In
this session, we will examine the impact of different corporate
transactions (such as mergers, reorganizations, acquisitions and
spin-offs) on international equity awards. We will review
the various ways in which equity awards can be treated in such
transactions (e.g., conversion, substitution, acceleration of vesting,
etc.) and educate participants on the tax and regulatory issues which
need to be considered as a result of these changes. Participants
will be trained in how to approach these post-grant changes and what to
expect in the due diligence and corporate integration process. Further,
we will cover equity exchange programs in this session, such as an
option-for-option or option-for-RSU exchange, which are increasingly
relevant as more options are underwater. We will discuss the different types of programs and examine the tax and regulatory issues for each program. Lastly,
we will educate participants on the benefits and requirements of global
recharge (or reimbursement) arrangements, under which the local
entities are charged with the cost of the equity awards (typically to
enable them to take a local tax deduction).
November 19 - Globally Mobile Employees
In our last session, we will review the many challenges posed by equity awards held by globally mobile employees. We
will educate participants on the tax and regulatory issues arising from
awards held by employees who transfer between countries (e.g., double
taxation, tax withholding obligations, application of tax treaties) and
present practical solutions for dealing with these issues. In
particular, we will train participants in preparing grant documents
which anticipate transfers and are able to mitigate tax and regulatory
issues arising from the transfer. Further, we will review
our Baker & McKenzie tax "grids" which are intended to provide a
roadmap for companies to deal with the tax withholding and reporting as
well as any filing obligations for employees transferring between
certain countries. Participants will gain an
understanding of the (complex) legal issues, but also be taught various
practical steps to a better compliance.
Certificates of completion will be given to participants attending all three courses.
Please feel free to share this invitation with your colleagues.
|
