Prepare the employee incentive offer document and its cap record
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Draft the offer document sections from the plan rules and the board's approved grant terms under the lawyer's direction, and build the issue cap calculation from the entity's grant and issue history.
- What the lawyer must review
- The lawyer confirms the regime and relief relied on, tests each condition, checks the cap calculation against the constitution's specified cap, and approves the document before it goes to participants.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Draft the offer document sections from the plan rules and the board's approved grant terms under the lawyer's direction, and build the issue cap calculation from the entity's grant and issue history. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the instructions, the jurisdiction and the complete relevant material before starting.
- The lawyer confirms the regime and relief relied on, tests each condition, checks the cap calculation against the constitution's specified cap, and approves the document before it goes to participants.
- Check the output against the source documents named in it before it is relied on.
Sources
- https://www.ato.gov.au/businesses-and-organisations/corporate-tax-measures-and-assurance/employee-share-schemes/employers/employer-obligations/ess-legal-requirements · 2026-09-27
- https://www.legislation.gov.au/C2004A00818/latest/text · 2026-09-27
- https://www.minterellison.com/articles/asic-modification-of-employee-share-scheme-provisions · 2026-09-27
- https://www.asic.gov.au/regulatory-resources/find-a-document/regulatory-guides/rg-49-employee-incentive-schemes · 2026-09-27
- https://www.asx.com.au/content/dam/asx/rules-guidance-notes-waivers/asx-listing-rules/guidance-notes/gn25-issues-of-equity-securities.pdf · 2026-09-27
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.