I will draft custom equity incentive agreement and plan as a US attorney
Licensed US Attorney Expert Corporate, Startup and Equity Legal Specialist
About this Gig
Align team performance with company valuation through custom Equity Incentive Agreements.
I am Byrne J. Decker, a licensed US Attorney (Bar #337052), specializing in executive compensation structures, phantom stock plans, RSUs, and stock appreciation rights (SARs).
Offering equity or equity-equivalent incentives requires legal precision to prevent tax traps, dilution issues, and regulatory violations. I draft comprehensive Equity Incentive Agreements customized to your financial goals and operational structure.
What you will receive:
- Fully customized Equity Incentive Agreement (Phantom Stock, RSUs, or SARs)
- Clear payout terms, valuation metrics, and vesting structures
- Clawback provisions, termination rules, and forfeiture schedules
- Regulatory compliance (IRC 409A standards)
- Board approval forms & participant grant notices (Standard/Premium)
Secure executive loyalty and incentivize peak performance with attorney-drafted contracts.
Select your package now to get started!
Field of law:
Business (corporate)
•
Labor (employment)
•
Commercial
Legal consulting Gigs are not screened
Please note that there is no screening process for this service. We recommend that you message the freelancer and check all necessary details before placing your order. Pro freelancers in this category have gone through a vetting process. You can find more details here.
FAQ
What is an Equity Incentive Agreement?
It is a contract awarding equity, stock units, or synthetic stock (phantom equity) to executives or key personnel based on milestone or vesting conditions.
What is the difference between Phantom Stock, RSUs, and Stock Options?
Phantom Stock provides cash bonuses tied to stock value without issuing actual shares. RSUs issue real shares upon vesting. Options give the right to buy stock later.
Can LLCs use Equity Incentive Agreements?
Yes, LLCs can grant profits interests, unit appreciation rights, or phantom equity plans tailored to their operating agreement.
How does Section 409A impact equity incentive plans?
Section 409A regulates non-qualified deferred compensation. Proper drafting ensures you avoid severe 20% tax penalties for recipients.
Are clawback and non-compete provisions included?
Yes, enforceability clauses, non-disclosure, clawbacks, and post-termination restrictions can be integrated.
How are payout events defined (e.g., Sale, IPO, Liquidations)?
The agreement explicitly details exact liquidity triggers, valuation benchmarks, and cash/stock payout mechanisms.
Do participants receive voting rights under equity incentive agreements?
For non-voting awards (Phantom Stock, SARs, RSUs prior to vesting), participants do not receive voting rights.
Can I request minor revisions after receiving the initial draft?
Yes, revisions are included in all packages to ensure total accuracy.

