Employee Shares for Swiss Startups
Employee Shares for Swiss Startups
Employee Shares for Swiss Startups
Preview of an ESOP
PDF File - ESOP (Preview)
Preview of an ESOP
PDF File - ESOP (Preview)
We support you in the selection, development, and implementation of the employee participation program that fits your company and your business strategy.
We develop stock plans, stock option plans (ESOP), and phantom stock plans (PSOP).
We develop stock plans, stock option plans (ESOP), and phantom stock plans (PSOP).
Preview of an ESOP
PDF File - ESOP (Preview)
Your Benefits at a Glance
Avoidance of future disputes
Protection of the company in case of changes in the founding team
Efficient conflict resolution without court proceedings
Attractiveness for investors and partners
Your Benefits at a Glance
Avoidance of future disputes
Protection of the company in case of changes in the founding team
Efficient conflict resolution without court proceedings
Attractiveness for investors and partners
Your Benefits at a Glance
Avoidance of future disputes
Protection of the company in case of changes in the founding team
Efficient conflict resolution without court proceedings
Attractiveness for investors and partners
Types of participation plans
Stock plan
With a stock plan, employees receive the opportunity to purchase shares of the company at a discounted price or to receive them as part of their compensation package.
Main features
Ownership - Employees instantly become shareholders and thus receive the associated shareholder rights (e.g., voting rights).
Buyback rights - Employee shares are often combined with buyback rights by the company, should employees leave the company early.
Tax consideration - The taxation of shareholdings is structured differently - possibly more favorably - than the taxation of stock options and phantom shares.
Employee Stock Option Plan (ESOP)
As part of stock option plans (ESOP), employees are given the option to purchase shares after a certain period at a predetermined price.
Main features
Option rights - Employees receive options to purchase shares, becoming shareholders only at a later time.
Vesting - Options generally have to be "earned" over a period of three to four years (so-called time-based vesting).
Voluntary Exercise - Employees can freely decide whether to exercise their options and purchase shares at the exercise price. They will usually exercise this right when the exercise price is below the market price of the holdings.
phantom share plan (PSOP)
With a phantom stock plan (PSOP), employees are involved in the success without real shares being issued. Instead, cash payments are made based on the performance of the shares.
Main features
No shareholder status - Phantom shares entitle participation in the financial success of the company. In contrast, there is no right to shareholder status.
Cash withdrawal - At the time of exercise, employees receive a payout that corresponds to their phantom share ratio. The taxation is comparable to that of a bonus payout.
Simple administration - PSOPs are easier to manage as no stock transfers take place.
Overview of the differences
Stock plan
Stock option plan
phantom stock plan
Type of participation
Stocks
Stocks
Stocks
Option to purchase shares
Option to purchase shares
Option to purchase shares
cash withdrawal
cash withdrawal
cash withdrawal
Shareholder position
After exercising the option.
After exercising the option.
After exercising the option.
Voting rights
After exercising the option.
After exercising the option.
After exercising the option.
Dividend rights
After exercising the option.
After exercising the option.
After exercising the option.
Taxation
In case of share transfer and possibly share sale
In case of share transfer and possibly share sale
In case of share transfer and possibly share sale
In exercising the option and, if applicable, selling shares.
In exercising the option and, if applicable, selling shares.
In exercising the option and, if applicable, selling shares.
In cash payment.
In cash payment.
In cash payment.
Setup & administrative complexity
High
High
High
Medium
Medium
Medium
Low
Low
Low
Our packages
Choose the package that suits your business.
Professional participation plan
CHF 2,875
Includes:
Kick-off Meeting
Legal assessment of the initial situation
Document creation
Feedback round
Finalization and implementation
POPULAR
Professional participation plan
CHF 2,875
Includes:
Kick-off Meeting
Legal assessment of the initial situation
Document creation
Feedback round
Finalization and implementation
POPULAR
Professional participation plan
CHF 2,875
Includes:
Kick-off Meeting
Legal assessment of the initial situation
Document creation
Feedback round
Finalization and implementation
POPULAR
Tax-optimized participation plan
CHF 5,375
Includes
Kick-off Meeting
Legal assessment of the initial situation
Tax assessment
Tax ruling at the competent tax authority
Document creation
Feedback round
Finalization and implementation
Tax-optimized participation plan
CHF 5,375
Includes
Kick-off Meeting
Legal assessment of the initial situation
Tax assessment
Tax ruling at the competent tax authority
Document creation
Feedback round
Finalization and implementation
Tax-optimized participation plan
CHF 5,375
Includes
Kick-off Meeting
Legal assessment of the initial situation
Tax assessment
Tax ruling at the competent tax authority
Document creation
Feedback round
Finalization and implementation
Lose-Win Guarantee
Your satisfaction is important to us. Therefore, we guarantee a full refund of the purchase price in case of dissatisfaction. The documents and recommendations prepared up to that point will remain available to you even after the refund.
Your satisfaction is important to us. Therefore, we guarantee a full refund of the purchase price in case of dissatisfaction. The documents and recommendations prepared up to that point will remain available to you even after the refund.
Feedback
Flurin Jenal
Founder of Stormed Inc.
"Marco knows exactly what startups need, offers his help directly, keeps everything lean, and enables fast implementation. Great!"
Desiree Pastore
Vice President, Relationship Manager at Neuberger Berman
"Marco provided me with extremely competent and timely advice on my legal questions regarding an extensive and complex employment contract. I can only recommend his legal consulting!"
Dieter Borer
Serial entrepreneur
"The ability to act quickly is essential in business. Marco enables me to do just that. I make business decisions on my own schedule, while he ensures that the associated legal risks are minimized."
Adelia Safina
Founder of UTEMPLA GmbH
"I asked Marco for help in obtaining a work permit in Switzerland. This task was almost insurmountable because I am Russian. Thanks to his excellent recommendations and his professional work, I received my work permit and can continue my journey as a startup founder!"
Daniel Koss
Founder of creable AG
"Marco advises my company competently, pragmatically, and above all immediately when a problem arises. Really top-notch advice!"
Daniel Svonava
Co-founder of Superlinked, Inc.
"As the founder of a software startup, I enjoy working with Marco because he understands how to combine thorough legal research with the context of a startup."
Marvin Sangines
Founder of notus GmbH
"Working with Marco gives me confidence, as I know that my legal risks are covered. His quick and risk-oriented legal advice feels less like a service and more like a partnership."
Feedback
Flurin Jenal
Founder of Stormed Inc.
"Marco knows exactly what startups need, offers his help directly, keeps everything lean, and enables fast implementation. Great!"
Desiree Pastore
Vice President, Relationship Manager at Neuberger Berman
"Marco provided me with extremely competent and timely advice on my legal questions regarding an extensive and complex employment contract. I can only recommend his legal consulting!"
Dieter Borer
Serial entrepreneur
"The ability to act quickly is essential in business. Marco enables me to do just that. I make business decisions on my own schedule, while he ensures that the associated legal risks are minimized."
Adelia Safina
Founder of UTEMPLA GmbH
"I asked Marco for help in obtaining a work permit in Switzerland. This task was almost insurmountable because I am Russian. Thanks to his excellent recommendations and his professional work, I received my work permit and can continue my journey as a startup founder!"
Daniel Koss
Founder of creable AG
"Marco advises my company competently, pragmatically, and above all immediately when a problem arises. Really top-notch advice!"
Daniel Svonava
Co-founder of Superlinked, Inc.
"As the founder of a software startup, I enjoy working with Marco because he understands how to combine thorough legal research with the context of a startup."
Marvin Sangines
Founder of notus GmbH
"Working with Marco gives me confidence, as I know that my legal risks are covered. His quick and risk-oriented legal advice feels less like a service and more like a partnership."
Get started now!
By filling out the form, you take the first step towards employee participation.
Frequently Asked Questions (FAQ)
Which participation plan is the best for my company?
The ideal participation plan depends on the goals, structure, and financial strategy of your company. Stock plans promote your employees' connection to the company. Employee Stock Ownership Plans (ESOP) combine the benefits of (future) shareholder status with the flexibility of options. Phantom stock plans enable employees to financially participate in the company's success without granting shareholder rights.
Which participation plan is the best for my company?
The ideal participation plan depends on the goals, structure, and financial strategy of your company. Stock plans promote your employees' connection to the company. Employee Stock Ownership Plans (ESOP) combine the benefits of (future) shareholder status with the flexibility of options. Phantom stock plans enable employees to financially participate in the company's success without granting shareholder rights.
Which participation plan is the best for my company?
The ideal participation plan depends on the goals, structure, and financial strategy of your company. Stock plans promote your employees' connection to the company. Employee Stock Ownership Plans (ESOP) combine the benefits of (future) shareholder status with the flexibility of options. Phantom stock plans enable employees to financially participate in the company's success without granting shareholder rights.
Which plan is used most often?
In Switzerland, stock option plans (ESOP) are often used. However, stock and phantom stock plans also offer various advantages that may provide a more suitable solution in individual cases.
Which plan is used most often?
In Switzerland, stock option plans (ESOP) are often used. However, stock and phantom stock plans also offer various advantages that may provide a more suitable solution in individual cases.
Which plan is used most often?
In Switzerland, stock option plans (ESOP) are often used. However, stock and phantom stock plans also offer various advantages that may provide a more suitable solution in individual cases.
How do we personalize your employee participation plan?
We adapt your plan to the individual needs of your company. We do this by considering factors such as company size, business sector, growth strategy, and long-term objectives. Furthermore, we also examine contractual and tax legal frameworks.
How do we personalize your employee participation plan?
We adapt your plan to the individual needs of your company. We do this by considering factors such as company size, business sector, growth strategy, and long-term objectives. Furthermore, we also examine contractual and tax legal frameworks.
How do we personalize your employee participation plan?
We adapt your plan to the individual needs of your company. We do this by considering factors such as company size, business sector, growth strategy, and long-term objectives. Furthermore, we also examine contractual and tax legal frameworks.
How do participation plans help attract and retain employees?
Employee participation plans not only provide financial incentives but also strengthen the sense of belonging and commitment. Employees who are involved with the company are more motivated to contribute to the long-term success of the business. At the same time, such plans enable the design of attractive salary packages despite lower wages.
How do participation plans help attract and retain employees?
Employee participation plans not only provide financial incentives but also strengthen the sense of belonging and commitment. Employees who are involved with the company are more motivated to contribute to the long-term success of the business. At the same time, such plans enable the design of attractive salary packages despite lower wages.
How do participation plans help attract and retain employees?
Employee participation plans not only provide financial incentives but also strengthen the sense of belonging and commitment. Employees who are involved with the company are more motivated to contribute to the long-term success of the business. At the same time, such plans enable the design of attractive salary packages despite lower wages.
What administrative complexities are associated with such plans?
Managing participation plans can be complex. This includes establishing the legal framework, complying with tax regulations, and documenting allocation agreements. Our law firm supports you in simplifying these processes and ensuring that all legal and administrative requirements are met.
What administrative complexities are associated with such plans?
Managing participation plans can be complex. This includes establishing the legal framework, complying with tax regulations, and documenting allocation agreements. Our law firm supports you in simplifying these processes and ensuring that all legal and administrative requirements are met.
What administrative complexities are associated with such plans?
Managing participation plans can be complex. This includes establishing the legal framework, complying with tax regulations, and documenting allocation agreements. Our law firm supports you in simplifying these processes and ensuring that all legal and administrative requirements are met.
Can only employees receive shares?
Not necessarily. A participation plan can also be designed in such a way that consultants, board members, and other involved parties can participate in the company.
Can only employees receive shares?
Not necessarily. A participation plan can also be designed in such a way that consultants, board members, and other involved parties can participate in the company.
Can only employees receive shares?
Not necessarily. A participation plan can also be designed in such a way that consultants, board members, and other involved parties can participate in the company.
Can employees sell their shares or options?
In most participation plans, the sale of shares or options is only permitted under special circumstances. Employees are often also bound by so-called vesting periods during which they cannot sell their shares.
Can employees sell their shares or options?
In most participation plans, the sale of shares or options is only permitted under special circumstances. Employees are often also bound by so-called vesting periods during which they cannot sell their shares.
Can employees sell their shares or options?
In most participation plans, the sale of shares or options is only permitted under special circumstances. Employees are often also bound by so-called vesting periods during which they cannot sell their shares.
What are the tax implications of employee participation plans?
The tax treatment of employee participation depends on the specific type of plan, the canton of the company's headquarters, the cantons of residence of the employees, and various other factors. Our experience shows that it is worthwhile to conduct tax clarifications even before the implementation of participation plans.
What are the tax implications of employee participation plans?
The tax treatment of employee participation depends on the specific type of plan, the canton of the company's headquarters, the cantons of residence of the employees, and various other factors. Our experience shows that it is worthwhile to conduct tax clarifications even before the implementation of participation plans.
What are the tax implications of employee participation plans?
The tax treatment of employee participation depends on the specific type of plan, the canton of the company's headquarters, the cantons of residence of the employees, and various other factors. Our experience shows that it is worthwhile to conduct tax clarifications even before the implementation of participation plans.
