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Answers to 10 Thorny Questions: Directly from 8 QCs, Solicitors and Accountants of Outstanding Ability
How do you overcome the difficulties associated with EOT transactions?
How do you structure them, fund them, and value them?
Answered by: Fiona Bell of RSM
Fiona advised the Office of Tax Simplification on its two share schemes reports and she chairs the Quoted Companies Alliance Share Scheme Experts Group. Her specialism is employee ownership.
How do you control - and overcome - difficulties with malus and clawback and implement and enforce post-employment shareholding requirements?
Answered by: Mark Ife of Herbert Smith Freehills
Mark assisted Sky on the competing takeover bids by Fox and Comcast. He is an author of 'Employee Share Schemes' and the share plan chapter in ‘Employee Share Plans: International Legal and Tax Issues’.
What insights can be gained from the 2020 AGM season on executive pay and equity trends?
Answered by: David Ellis of David Ellis Associates
David “challenges in-built assumptions and run-of-the-mill solutions so that the end result is innovative, robust and fit for purpose.” He is a former partner and Head of Reward Services at KPMG.
Cutting through all the opinions, how is the Court interpreting the statutory provisions on avoidance?
Answered by: Francis Fitzpatrick QC of 11 New Square
Francis "exudes star quality." “His advice is infused with real commercial awareness and how the matter may be perceived by the court." He has an impressive record of settling disputes with HMRC.
What are the golden rules for designing a new incentive structure for listed companies and others, in anticipation of, or immediately following, an M&A transaction?
Answered by: Mahesh Varia of Travers Smith
Mahesh is editor of the employment income chapter of ‘Revenue Law – Practice and Principles’. He advised Nikkei on the incentive aspects of its £844m acquisition of The Financial Times Group.
At what point does an EMI option become invalid because of an error or mistake, such as (1) not finding a working time declaration, (2) minor filing errors in the EMI 1 form, (3) the way you described restrictions?
Answered by: John Dunlop of DAC Beachcroft
John specialises in advising on share schemes of all types, particularly Enterprise Management Incentives. He has "an excellent breadth of knowledge and understanding and strategic sense."
Supported by case-law and practical examples, what is the latest thinking on management resets, underwater equity and impact of corporate reorganisations on management equity?
Answered by: Jeremy Edwards of Baker McKenzie
Jeremy is one of the UK’s most skilled and experienced employee benefit practitioners. “He's highly responsive and personable; a great communicator who explains complex legal matters simply.”
What share rights and restrictions does HMRC look at when valuing growth shares?
What arguments will persuade it to agree a low valuation?
Answered by: Hannah Tipper of Deloitte
Hannah's specific interest is the valuation of non-quoted shares for complex employee incentive arrangements and transactions. She is highly experienced at leading negotiations with HMRC.
All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500