Tango Trading Ltd. is a public company which has its equity shares listed on NSE. The Company wants to implement Employee Stock Option Plan (ESOP) for its employees. ESOP Plan will be operated through a trust in accordan

CS Executive · Securities Laws and Capital Markets · PYQS · December 2020
Tango Trading Ltd. is a public company which has its equity shares listed on NSE. The Company wants to implement Employee Stock Option Plan (ESOP) for its employees. ESOP Plan will be operated through a trust in accordance with the SEBI (Share Based Employee Benefits) Regulations, 2014. The company is willing to issue shares under ESOP scheme to one of its whole time director, Irfan. Irfan holds 12% of the outstanding equity shares of the company. In view of the above facts, answer the following questions : (i) Can the company issue shares to its director, Irfan under ESOP scheme ?

Answer & Explanation:

A company can issue shares through employee stock option scheme (ESOP) to its permanent employees (India or outside India) a director whether whole time director or not (excluding independent director) an employee as defined in clauses (a) or (b) of a subsidiary, in India or Outside India or of a holding company but excluding following: An Employee who is a promoter or a person belongs to the promoter group A director who either himself or through his relative or through anybody corporate, directly or indirectly holds more than 10% of the outstanding equity shares of the company. In the given case, Irfan holds more than 10% of stake in Tango Trading Ltd. Hence, he is not eligible to participate in the ESOP scheme.

Topics: Employee Benefits

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