Why Private Companies are Shifting from Stock Options to Double-Vest RSUs

    In recent years, there has been a growing trend of private companies shifting from standard employee stock options to double-vest restricted stock units (RSUs). This trend is being driven by a number of factors, including:

• The increasing complexity and cost of administering stock options.
• The desire to align employee interests more closely with those of shareholders.
• The need to attract and retain top talent.

   

The Complexity and Cost of Administering Stock Options Under Australian Law

  Stock options can be complex and expensive to administer under Australian law. Companies must track the fair market value of their shares on a regular basis, and they must also make sure that employees are properly taxed on their option grants. In addition, companies must comply with a variety of regulations governing stock options, such as the Corporations Act 2001 (Cth).    

Aligning Employee Interests with Those of Shareholders

  Stock options can create a misalignment of interests between employees and shareholders. Employees who hold stock options may be motivated to make decisions that benefit themselves, even if those decisions are not in the best interests of the company. For example, employees may be more likely to approve mergers or acquisitions that will increase the value of their stock options, even if those deals are not in the best interests of the company’s long-term health.    

Attracting and Retaining Top Talent in the Competitive Australian Job Market

  In today’s competitive Australian job market, companies need to offer competitive compensation packages in order to attract and retain top talent. Double-vest RSUs can be a valuable tool for doing this. RSUs are typically granted at a discount to the fair market value of the company’s shares, which can make them more attractive to employees than stock options. In addition, RSUs vest over time, which gives employees a vested interest in the company’s success.   The trend of private companies shifting from stock options to double-vest RSUs in Australia is likely to continue in the years to come. Double-vest RSUs offer a number of advantages over stock options, including simplicity, cost-effectiveness, and alignment of employee interests with those of shareholders. As a result, they are a valuable tool for attracting and retaining top talent.     Additional Information If you are a private company in Australia and you are considering shifting from stock options to double-vest RSUs, there are a few things you should keep in mind. First, you should make sure that your company’s constitution or other governing documents allow for the grant of RSUs. Second, you should consult with an experienced lawyer to make sure that your RSU plan complies with all applicable Australian laws.