Legal guidance on employee share schemes in Australia

This service is often most useful before you finalise the structure or communicate the offer to staff. Many businesses use it when they are weighing up whether to offer shares or options, deciding who should be eligible, or trying to understand what documents and approvals may be needed next. It is broader than a document-only service, so the discussion can cover rollout issues, legal risk areas and implementation planning. If you later want scheme rules, offer documents or related drafting, that can be scoped separately.

Common issues include choosing an appropriate structure, deciding who can participate, checking what disclosures or supporting documents may be needed, and making sure the scheme matches the way the business relationship works in practice. Problems can arise if the written terms do not line up with the actual working arrangement, especially where founders, contractors or advisers are involved. This service You will get a clear view of the legal issues and the next steps that matter. and tax advice is not part of the fixed-fee.

It is commonly used by startups, scaleups and established businesses that want legal input before introducing equity incentives. That can include founders planning an early-stage offer, employers looking to retain senior staff, or businesses reviewing whether an existing approach still makes sense. It is also useful where there is uncertainty about whether the recipient is an employee, director, contractor or adviser, because that factual context can affect the legal analysis and the next documents you may need.

Yes. Classification can make a real difference to how the arrangement should be approached and documented. A scheme that is sensible for employees may raise different issues if the recipient is a contractor, consultant or adviser, particularly where the commercial relationship is less straightforward. The drafting should be matched to the commercial arrangement, the documents already in use and the facts around how the work is performed. During the consultation, we can talk through how the participant is engaged now and whether that affects the legal structure or the next steps for rollout.

After the consultation, you should have a clearer view of the likely structure, the main legal issues and what implementation work may be required. In many cases, the next stage involves preparing scheme rules, offer documents, board materials or related agreements, depending on how you plan to roll the scheme out. We can discuss a separate quote for that work if needed. The consultation itself is not ongoing support, so if your scheme develops or your facts change, additional legal input may be sensible before launch.

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