Tax on spread at exercise.
Spread realized at exercise may be apportioned over the time period between grant and exercise. Also, modest reduction of taxable income may be available if grants made to all employees.
Tax on sale.
Shares, and possibly vested options, are subject to annual wealth tax.
No securities law restrictions or obligations apply.
Non-transferable stock options are not considered a public offering of securities for purposes of the EU Prospectus Regulation.
Possible plan entitlement issues. Statement regarding discretionary nature of the plan should be signed by employees.
Discrimination against part-time employees is generally prohibited. Norway's Working Environment Act incorporates the EU Council Directive 2000/78/EC prohibits age discrimination. Most, if not all, countries have adopted local rules implementing this Directive, which may have an impact on design of equity and other incentive plans in the EU, particularly on age or age and service provisions which give different treatment (e.g., accelerated or continued vesting) for those meeting the criteria.
A valid basis is required to collect, process and transfer personal data.
The EU Data Protection Regulation ("GDPR") became effective in all EU/EEA countries on 25 May 2018. It introduces new requirements and increases the powers of data protection authorities, rights of data subjects and potential penalties for non-compliance.
Accordingly, companies should review their approach to data privacy compliance in the context of equity plan administration and consider on which basis they may be able to rely to collect, process and transfer data.
Registration and notification requirements with local data privacy authorities may also apply.