Insolvency protection for an international employee share purchase plan (ESPP)

since 2021 · international · ongoing

Teaser

For the German subsidiary of a US-listed group, THI secures employees’ contributions to the group-wide share purchase plan against insolvency – from the KYC check on each individual participant and the half-yearly settlement of the share purchases to the twofold secured repayment in a security event.
A US-listed group wished to extend its Employee Stock Purchase Plan to the employees of its German subsidiary. The requirements of German law called for a fiduciary solution to secure the monthly contributions against insolvency – around 200 eligible employees, programme volume in Germany around EUR 5 million.

THI developed the insolvency protection under German law and operates it on an ongoing basis: separate trust accounts for contributions and collateral, anti-money laundering checks on every participant with continuously updated release lists, monthly accounting and reporting, half-yearly settlement of the share purchases including currency conversion and monitoring of the plan’s maximum limits, and defined processes for departures and cases of inheritance. THI determines the security event independently – including on the basis of the group’s US capital market disclosures. Employees are protected twofold: in addition to the claim against THI, they have a direct claim against the account-holding bank under a contract for the benefit of third parties together with a pledge of the account receivables. The language of the procedure is English; the participant documents are available in German.

The programme has been running since 2021. In a security event the employees receive their accumulated contributions back immediately.

Direct contact

Response within one business day.