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ESOP Design + Tax Checklist

Set up your ESOP the way Indian company law, tax law and FEMA expect, from plan design to exit, in the order you will meet each step.

What's inside

  • A quick self-check: does your ESOP have a gap an investor's diligence will find?
  • Plan design: who is eligible, pool size, vesting, exercise price and leaver rules
  • Approvals and grants: board and shareholder resolutions, grant letters and the SH-6 register
  • Filings every year and at each exercise, including the return of allotment
  • Tax: when your team's tax bill arrives, and the startup deferral
  • FEMA: options for people outside India, and options in a foreign parent

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Also useful: ESOP Pool Ranges for Indian Startups, our recommended pool sizes and grants by stage.

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