NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / Business / Small Business

Small business: Employee share schemes - Andrew Simmonds, Simmonds Stewart

NZ Herald
7 Aug, 2014 02:20 AM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Andrew Simmonds, a partner at Simmonds Stewart.

Andrew Simmonds, a partner at Simmonds Stewart.

Andrew Simmonds is a partner at Simmonds Stewart, a corporate and commercial law firm for technology companies and investors.

Why set up an employee share scheme?

Employee share schemes are most commonly used in technology and high-growth companies. I see people in these sectors being interested in setting up these schemes as a way to attract, incentivise, retain and reward really talented people who are going to help a company grow. Those people are very aware of the trends and practices overseas in places like Silicon Valley and other tech hot spots, where employee share schemes are very common.

Anywhere there's an active startup or venture capital scene, employee share or option schemes are just a part of the landscape. Most of these early-stage companies assume they'll be giving up 10 per cent to 15 per cent of their shares in options granted to employees, directors and possibly some board advisers working for the company.

If you take the ultimate example of the benefits of these kinds of schemes, you'll find hundreds of Silicon Valley multimillionaires among those who were early or even mid-stage employees in companies like Google and Facebook. The increase in value of those companies was so staggering that if you were granted options at an early stage, their value multiplied by the hundreds.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

But these kinds of schemes are not so common in New Zealand?

In New Zealand it has been less common, and done more on an adhoc basis, due both to tax considerations and securities law hurdles.

In New Zealand we have a few different types of schemes: we have options schemes, which are relatively simple to implement but where employees end up paying tax on the gains; but it's also possible to set up more complex share purchase schemes where the gains aren't always taxable.

Advertisement
Advertise with NZME.

Most jurisdictions outside of New Zealand, however, have capital gains taxes so there's no reason to swap between different kinds of schemes.

The impact of that in New Zealand is it's made the scene more complicated, because there's no standard way of doing it that people agree is appropriate from a tax perspective.

Until recently, our securities laws also made it hard for private companies to set up employee share schemes. However, from earlier this year, the Financial Markets Conduct Act introduced a significant new exemption that allows private companies to implement share schemes to incentivise employees, provided they're not issuing more than 10 per cent of their shares in a particular year.

So if you're going to set up a scheme, what are some of the things you need to consider?

Discover more

Small Business

Small Business: E-commerce - Elliot Hall, EverMe

12 May 09:10 PM
Small Business

Small business: Commercialising innovation

30 Jun 10:45 PM
New Zealand

Young whiz whips Windows

30 Jun 05:00 PM
Small Business

Small business: Getting paid faster - Justine Mitchell, Boomrock

07 Jul 09:15 PM

You need to think about the price at which you're going to issue these shares or options, so you need to figure out what's the value of your company today.

You also want to use the scheme to retain people, so you have to design the rules so that people stay for a certain period of time before they're able to actually buy the shares - that's what's called 'vesting'.

Also, if people leave, say after three years, there's usually a period of time under which they have to exercise their rights. Generally you don't want lots of former employees out there who still have options to buy shares in the company.

If you're going to set up a scheme, you are best to work with a lawyer and accountant who can help you design a scheme that meets your objectives as well as helping ensure that your constitution and/or shareholders' agreements are suitable for use with employee shareholders. And you obviously need your accountant's input to make sure it's all done in a way that's appropriate from a tax perspective for you and your employees.

How many companies have these in place?

The considerations I'm talking about are really for private tech companies. In that little universe, while the old securities law barriers existed, I would talk to 10 to 20 companies each year that wanted to set up schemes, but I would guess less than half of these would go ahead due to the compliance difficulties involved. This has meant there is quite a bit of pent up demand for these schemes, and I expect the number being set up will increase three- or four-fold this year.

Advertisement
Advertise with NZME.

The economic benefit of greater employee share participation will take a lot longer to work through. It will often take several years for options or a share scheme to be worth something in the hands of the employee, and ultimately you're depending on the company being sold or listed to get liquidity that allows you to exercise your rights and sell your shares.

But what there will be with more of these share options and schemes being put in place is a greater number of employees feeling happier about working for New Zealand tech companies, because they're being treated more like people in Silicon Valley. That's essentially what many tech employees want - equity participation.

Simmonds Stewart has free online templates for tech companies, including documents relevant to employee share schemes: simmondsstewart.com.

A blog post by Andrew Simmonds also summarises the exemptions related to employee share schemes under the FMCA that came into effect on 1 April this year: simmondsstewart.com

Coming up in Small Business: Do you need a business plan? How do you go about putting one together and what impact can it have on your operation? If you've got an interesting experience with business planning to share, drop me a note: nzhsmallbusiness@gmail.com

Save

    Share this article

Latest from Small Business

Premium
Small Business

Small Business Q&A with Willy Benson of PortaSkip

Premium
Small Business

On The Up: Former Olympic swimmer dives into business with waste venture

08 Jun 05:00 PM
Companies

The Kiwi entrepreneur transforming period care with Uber's support

03 Jun 07:00 PM

Why Cambridge is the new home of future-focused design

sponsored
Advertisement
Advertise with NZME.

Latest from Small Business

Premium
Small Business Q&A with Willy Benson of PortaSkip

Small Business Q&A with Willy Benson of PortaSkip

Small Business reporter Tom Raynel interviews Willy Benson about his waste management business PortaSkip. Video / NZ Herald

Premium
On The Up: Former Olympic swimmer dives into business with waste venture

On The Up: Former Olympic swimmer dives into business with waste venture

08 Jun 05:00 PM
The Kiwi entrepreneur transforming period care with Uber's support

The Kiwi entrepreneur transforming period care with Uber's support

03 Jun 07:00 PM
Premium
‘Emerging Company of the Year’ Projectworks raises US$12m, plans AI splash

‘Emerging Company of the Year’ Projectworks raises US$12m, plans AI splash

03 Jun 05:00 PM
Clean water fuelling Pacific futures
sponsored

Clean water fuelling Pacific futures

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • What the Actual
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven CarGuide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP